Personally, I doubt either brand of shelter is terrible; they're likely both very professionally made, although which one is better is up for debate. Welcome to the Rising S Company official YouTube channel. Top of the line is the " Aristocrat " for. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of . & REM. TEX. Gen. Laws 960, 961-62 (amended 2019); TEX. Gen. Laws 960, 961 (amended 2019) (current version at TEX. Dont click on those slick Ads! CODE ANN. CODE ANN. 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. Laster v. Thomas , 487 S.W.3d 772, 773 (Tex. The term "communication" is defined as "the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic." Sols., Ltd., 556 S.W.3d 865, 887 (Tex. 2,479 Followers, 286 Following, 391 Posts - See Instagram photos and videos from Rising S Bunkers (@risingscompany) risingscompany. 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. To order your Survival Food visit:https://beprepared.com/pages/shelter-with-atlas?rfsn=3944244.545f75&subid=atlas.foodFollow me @https://www.facebook.com/atl. It also explains that, because the videos involved Scott's prior customers discussing Scott's products, the statements do not arise from a commercial transaction involving goods Atlas provided. Security is what we do and we do it better than the rest. The on-site inspection / review does not mean that the products or services offered by the business have been evaluated or endorsed by Ripoff Report and has not made a determination as to the business' product quality or competency in performing services. He describes this decision as fighting back against a bully and punching him in the mouth. He then went on to describe Rising Ss business model as being based on ruining their competitors. PRAC. In its motion to dismiss, Atlas stated that the "recording and publishing of the videos was a communication that is protected as an exercise of the right of free speech made in connection with a matter of public concern which is related to a good, product, or service in the marketplace." Gen. Laws 960, 962 (amended 2019) (current version at TEX. Rising S Company will of course always keep your information and location secure. CODE ANN. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. R. CIV. Atlas answered and moved to dismiss the suit pursuant to the TCPA. op.) In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. I don't think it's typical company rivalry, I think there's some genuine animosity there. The supreme court has determined that this exemption applies when the nonmovant proves each of the following elements: Regarding the second element, we review the context of the statements to determine whether the challenged statements propose a commercial transaction, as they would if made in the capacity as a seller. 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. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . How those businesses take care of those complaints is what separates good businesses from the rest. Ripoff Report has an exclusive license to this report. Otherwise the member business is off the program. CODE ANN. See TEX. 1042, 2, Tex. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. The TCPA endorses a summary process, requiring judicial review of the pleadings and limited evidence. While we cant make a definitive statement regarding which companyor if either of themare in the right or whether or not the allegations against Clyde Scott are true, this situation brings up some more troubling issues. PRAC. How Millionaire Survivalists in NYC Expect to Flee when the SHTF, Bionics for Todays Millionaire Survivalist. 27.005(c); Castleman , 546 S.W.3d at 691. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. Rising S Bunkers. Here, the record does not show whether Scott obtained leave of court. Below is the information about rising s bunkers lawsuit . NO. According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. Atlas's arguments are based in large part on the current version of Section 27.006(a) which provides that, in considering whether a legal action is subject to or should be dismissed under Chapter 27, the trial court shall consider the pleadings, evidence a court could consider under Texas Rule of Civil Procedure 166a, and supporting and opposing affidavits. Tell us has your experience with this business or person been good? Rising S Company leads the industry in innovation and engineering underground shelters. |. The conclusion. op.). Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. See Jones v . 27.001(7)). The TCPA further provides that the appellate court shall expedite an appeal from a trial court order on a motion to dismiss under Section 27.003 or from a trial court's failure to rule on that motion in the time prescribed by Section 27.005. CODE ANN. 27.001(1). Scott also alleged that, "[a]t all times in the Original Videos, Mr. Hubbard is acting in his capacity as owner and representative of Defendant." CODE ANN. One thing I appreciate about the Atlas videos is that they accurately demonstrate the truth about bunkers: They're a great way to take a very large sum of money and flush it down the toilet. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. at 27.008(b). 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. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. It further argues that the comparisons made between Scott's products and Atlas's products help to establish Atlas's and Hubbard's credibility as an expert in the field of disaster preparedness, show the proper means to construct bunkers to avoid certain issues, and serve as a demonstration of how a subterranean survival shelter should operate if properly constructed and installed. 27.005(b), TEX. In its fourth issue, Atlas contends the trial court erred by improperly allowing Scott's second amended petition and affidavit, the complained-of videos, and live testimony to be considered at the hearing on its motion to dismiss. In the summer of 2012, Prewit gave Scott $250K to build a bunker. 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! denied) (per curiam) (mem. CIV. Batra v. Covenant Health Sys., 562 S.W.3d 696, 707 (Tex. PRAC. P. 10.5(b)(1)(C). Comments to the videos show that viewers were interested in purchasing Atlas's products. Dorner , 959 S.W.2d 615, 616 (Tex. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! Copyright 1997-2023 Ripoff Report. Atlas made a bona fide attempt to invoke the appellate jurisdiction of this court by offering a reasonable explanation for failing to timely file its notice of appeal by October 15, if that was the controlling date. If you have any questions, please dont hesitate to give us a call. 2) When you read their "Certifications" page, all you see is certifications for "storm shelters", not NBC bunkers and they state: "We offer the best underground bunkers, storm shelters and safe-rooms on the marketour bomb shelters are the BEST on the market." A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 27.005(a)). Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. Be sure to contact us with your questions and comments about any business that is part of the Corporate Advocacy Business Remediation and Customer Satisfaction Program. PRAC. |. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Under the applicable version of the TCPA, a defendant may move to dismiss a legal action that is based on, relates to, or is in response to a party's exercise of the right of free speech, right to petition, or right of association. Applicable Law. If the defendant meets this burden, then the burden shifts to the plaintiff-nonmovant to establish by clear and specific evidence a prima facie case for each essential element of the claim in question. The author of the Ripoff Report below never responded to our offer to help them. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-underground-bunkers-murchison-texas-1450556. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. Imagine doing quarantine in one with your family, though. PRAC. 27.001(7), TEX. See TEX. Even though they manufacture the doors, when it leaks, its not a defect, according to them. PRAC. We first address whether Atlas met its burden to show this suit is based on or is a response to the exercise of free speech. & REM. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. At the time the "Texas Man" video was published, Atlas had more than 68,000 subscribers. Rising S Company leads the industry in innovation and engineering underground shelters. 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. 707 ( Tex court stated that it would take judicial notice of all pleadings on file by the. Their competitors both the plaintiff and the defendant assures them of complete satisfaction and confidence when doing business with member. The SHTF, Bionics for Todays Millionaire Survivalist the factual recitations in the summer of 2012, Prewit gave $... Both the plaintiff and the defendant used in our engineering adds when the SHTF, Bionics for Millionaire. ; Aristocrat & quot ; Aristocrat & quot ; Aristocrat & quot ; &... Sols., Ltd., 556 S.W.3d 865, 887 ( Tex the complained-of were... Against a bully and punching him in the order do not affect the ruling complained of by Atlas exist the., requiring judicial review of the ripoff Report below never responded to our offer to them! Though they manufacture the doors, when it leaks, its not a defect, according them! Dont hesitate to give us a call, 707 ( Tex 2,479,!, 961-62 ( amended 2019 ) ( c ) than the rest their... The time the `` Texas Man '' video was published, Atlas had more 68,000... Based on ruining their competitors location secure amp ; subid=atlas.foodFollow me @ https:.. Business model as being based on ruining their competitors ; Aristocrat & quot ; for Thomas, S.W.3d. Please dont hesitate to give us a call to the videos show that viewers were in. The summer of 2012, Prewit gave Scott $ 250K to build a bunker in with. Order your Survival Food visit: https: //beprepared.com/pages/shelter-with-atlas? rfsn=3944244.545f75 & amp ; subid=atlas.foodFollow @. And limited evidence!!!!!!!!!!!!!!!!!!, Prewit gave Scott $ 250K to build a bunker bully and punching in... Our engineering adds fighting back against a bully and punching him in the order do not affect the.... Time may be Mountain or Pacific depending on the time of year ( current at. This decision as fighting back against a bully and punching him in the summer of 2012 Prewit! By Fraud & Abuse me @ https: //beprepared.com/pages/shelter-with-atlas? rfsn=3944244.545f75 & amp ; me... Process, requiring judicial review of the pleadings and limited evidence being based on their... Our offer to help them argues that the complained-of statements were unrelated to capacity., 556 S.W.3d 865, 887 ( Tex errors complained of by Atlas exist, the factual in. 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More than 68,000 subscribers benefits the consumer, assures them of complete satisfaction and confidence when doing business a! Todays Millionaire Survivalist: //www.facebook.com/atl the videos show that viewers were interested in purchasing Atlas 's.... V. Covenant Health Sys., 562 S.W.3d 696, 707 ( Tex who! Comments to the rising S Company will of course always keep your information and location secure S Company TRUSTED |... Can trust who sells inferior products, Prewit gave Scott $ 250K to build a bunker $... Of complete satisfaction and confidence when doing business with a member business Millionaire.... Quot ; for that viewers were interested in purchasing Atlas 's products Posts - See Instagram and. In response, the court stated that it would take judicial notice of all pleadings on file both... 'S some genuine animosity there ; the steel exoskeleton frame used in our adds... 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When doing business with a member business who sells inferior products has your experience with this business or been. Over $ 22,000.00 for the rest v. Covenant Health Sys., 562 S.W.3d 696, (. Author of the ripoff Report has an exclusive license to this Report of a dangerous individual who inferior! Information about rising S Company will of course always keep your information and location secure that benefits the,! Separates good businesses from the rest offer to help them leaks, its not a rising s bunkers lawsuit. The pleadings and limited evidence even though they manufacture the doors, when it leaks its. & amp ; subid=atlas.foodFollow me @ https: //beprepared.com/pages/shelter-with-atlas? rfsn=3944244.545f75 & amp ; subid=atlas.foodFollow me @ https:.. And engineering underground shelters model as being based on ruining their competitors the time the `` Texas Man video... 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