TEX. 2015). Gen. Laws 960, 961 (amended 2019); Epperson v. Mueller , No. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. CIV. 1042, 2, Tex. We conclude that Scott has shown that Atlas was acting in the capacity of seller of underground bunkers and bunker services when it published the videos, satisfying the second Castleman element. App.San Antonio 2019, no pet.). Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. Regarding the YouTube videos, Atlas contends they are not admissible under Section 27.006 or Rule 166a, copies were not provided until the hearing, they were admitted over objection, and Scott showed only snippets of the videos to the court. & REM. Ripoff Report sends a 3rd party service to do an onsite inspection of the new member business. Regarding the videos, their admission was within the trial court's discretion. PRAC. Id. Ripoff Report always monitors these emails to insure the member business does what they agreed to. 12-20-00054-CV (Tex. 341, 2, 2011 Tex. Atlas contends that it does not sell the same product as Scott. PRAC. Your email address will not be published. Welcome to the Rising S Company official YouTube channel. We need not specifically answer whether the trial court retained plenary power as to Atlas's motion to dismiss after it was denied by operation of law, or whether the September 25 or October 15 date controls the appellate timeline. Well, if that's christian, then they give God and Texas a bad name. Business Profile Rising S Company, LLC Fallout Shelter Equipment and Supplies Contact Information 9350 State Highway 31 E Murchison, TX 75778-3456 Visit Website (903) 804-3774 Want a quote from. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. This is the best way to manage and repair your business reputation. Feuds between two competing companies benefit the end consumer the overwhelming majority of the time and this is no exception. Id. This is clearly the best option at this point, and its not surprising he would recommend this now that he believes consumers who are buying shelters are potentially in danger due to unethical business practices. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. Again, the fact that there are differences in the products made by Scott and Atlas does not lead to the conclusion that wholly different groups constitute the actual or potential customers of each company. PRAC. *Any consumer not receiving satisfaction from a member of Ripoff Report's Corporate Advocacy Business Remediation and Customer Satisfaction Program should email us at EDitor@ripoffreport.com. Follow. PRAC. App.Dallas 2016, no pet.) I don't know the full story or whether it was resolved, just some court documents from the case. Even though they manufacture the doors, when it leaks, its not a defect, according to them. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. Is there a source or site that runs down all these accusations towards Rising S? Rising S Company receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Further, Atlas filed a response to Scott's motion to dismiss. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Atlas Survival Shelters, LLC v. Clyde Scott and Rising S Company, LLC Appeal from 294th District Cou. The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. App.Houston [14th Dist.] Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. Ass'n of Bus. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. I wouldnt do business with the trash talker. Who's crazy enough to start this website? 27.005(a)). We know there is a lot of false information out there by our competitor but check out some of our videos and reach out to ask us any . Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. Rising S refused to replace my rusted out NBC filtration system. See Montiel v . The Rising S Company is a pace setter and we set the proverbial bar in the industry with a quality and craftsmanship that is second to none and exceeds all other standards for underground shelters and emergency shelter solutions. PRAC. PRAC. Rising S Company has a 100% welds and craftsmanship lifetime warranty on all of our products. PRAC. Neither the TCPA nor Castleman requires the commercial transaction referenced in the third element be one conducted by the defendant, only that it involve the kinds of goods or services the defendant provides. CIV. CODE ANN. The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. TEX. P. 26.1(b). Copyright 1997-2023 Ripoff Report. Plus it's from a famous YouTuber who wouldn't say what the bullshit was he just said he bought a bunker from rising s instead of taking a free bunker from atlas. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. The trial court's order denying Atlas's motion to dismiss consists of a paragraph containing the court's findings and a second paragraph, the decretal paragraph, containing the court's ruling. Here's why:Read about Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program, and about Rising S Companys Commitment to Excellence and Consumer Satisfaction. See TEX. See TEX. Ron then went on to claim the information he learned after he spoke to Prewit was so explosive that he sat on it for a year before finally deciding to go public. TEX. We as humans enjoy drama. See TEX. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. However, Scott's cause of action for fraudulent misrepresentation concerns a phone call made by Ron Hubbard to Scott's attorney in which Hubbard claimed to be an attorney and discussed settlement of the case. 341, 2, 2011 Tex. 1993)). & REM. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. We overrule Atlas's second issue. CODE ANN. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. Consumers love to do business with someone that can admit mistakes and state how they made improvements. In the summer of 2012, Prewit gave Scott $250K to build a bunker. CODE ANN. West Palm Beach Florida, Tuffy Tire & Auto Service Center Mavis Tire & Brake Charged Nearly $700 for Non-Fix Bay City Michigan, Lighting New York lighting by Jared Sent damaged product wont refund after I sent back damaged product website description is fake, Tara U THEY SCAM THOUSANDS OF PEOPLE WITH THEIR FLOWER ORDERS. Gen. Laws 960, 962 (amended 2019) (current version at TEX. 3) On their FAQ page here's what they state comes with a standard shelter they write: "bunk matresses, stove, water heater, all bed frames, interior walls/doors/hardware, all plumbing fixtures, sinks water filtrations, toilet, shower, shelving, solar charging system, battery/batteries, TV/DVD player, Surveillance cameras, LED lighting, all electrical, cabinets, sofa and dining table (when equipped), NBC air filtration plus many more items. Can anyone explain the feud between Atlas and Rising S Bunkers? Who is ED Magedson - Founder, Ripoff Report. How those businesses take care of those complaints is what separates good businesses from the rest. A feud between two luxury bunker builders has brought up some disturbing points. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . CODE ANN. See Act of May 17, 2019, 86th Leg., R.S., ch. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. PRAC. After Atlas filed its notice of appeal in this court, Scott moved to dismiss the appeal for want of jurisdiction because the notice of appeal was filed more than twenty days after the motion to dismiss was denied by operation of law. & REM. Freedom of Speech. Ripoff Report REVIEW /Commitment to Customer Satisfaction, ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE REST, RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS, WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS, RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT, ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH, STATED IMPROVEMENTS FROM RISING S COMPANY. 2020). CODE ANN. Rising S Company leads the industry in innovation and engineering underground shelters. CIV. CODE ANN. Learning and sharing information to aid in emergency preparedness as it relates to disasters both natural and man-made. & REM. & REM. Regarding the live testimony, the trial court may, but is not required to, hear live testimony when determining whether to grant or deny a TCPA motion to dismiss. According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. App.Houston [1st Dist.] PRAC. Rising S Company leads the industry in innovation and engineering underground shelters. CODE ANN. 9350 State Hwy 31 E Murchison, Texas United States. REBUTTAL BOX Atlas vs the competitor: a side-by-side comparison. Create an account to follow your favorite communities and start taking part in conversations. Rising S Company installer chose the site, cleared off two feet of grade from the topsoil ( I have an expert report confirming that fact), dug the hole too deep and had to use more concrete to cover it, (which they tried to make me pay for), then they pushed all the excavated dirt to one side and made a "hill" where all the rain water runs over the top door of my underground bunker and the door leaks (also confirmed by an expert). they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. Campbell COLLUDES with Wells Fargo Dallas Texas, BlackSwanCapital.co Black Swan Enterprises Peter Tumbas Black Swan Capital The offered guaranteed low-cost financing if I first stepped in high-cost short term financing New York New York, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! Our staff does everything from design to install so you can feel safe that your identity stays safe and you remain anonymous. CIV. the owner of Atlas just has a big following and Rising S has been pretty much silent, so there is a single voice that everyone is hearing. 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. 27.010(a)(2), TEX. PRAC. Scott met its burden to prove the third Castleman element. I'm completely out of the loop here. All rights reserved. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. See Morrison v . Tell us has your experience with this business or person been good? Remember, Ripoff Report emailed every customer from the past that filed a complaint to make sure the member business made things right with customers from the past. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. It looks like a really expensive coffin to me. Scott's petition alleges that, in the "Texas Man" video, Atlas "advertises the ease of installing Defendant's bunkers and asks viewers to email or call him if they are interested in one of Defendant's bunkers.". Doesn't matter, it shifted anyway. The record is clear that the hearing on Atlas's motion to dismiss was held and concluded on August 26 and that an order denying the motion was rendered on October 15. Rising S Company receives a positive rating for their commitment to the Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. CODE ANN. App.Houston [14th Dist.] 27.005(d)); Castleman , 546 S.W.3d at 691. P. 42.3(a). Yes, when snow melts, it goes inside my NBC bunker door that is supposed to keep out Nuclear particles, Biological and Chemical agents, but not water. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. 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