READ: Foreign websites steal our content, Click Here to read other Ripoff Reports on Clyde Wayne Scott, Managing Partner The TCPA defines "exercise of the right of free speech" as a communication made in connection with a matter of public concern." All rights reserved. Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. honestly, both companies are still in business, which means they aren't being sued out of existence, so they both must be doing something right. This allows the unit to "self-regulate" the temperature inside the unit; eliminating moisture & corrosion problems that you will inevitably encounter with shipping containers." 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. However, they encased my underground bunker in concrete. 27.006(a). At the Rising S Company, a maker of bunkers and other heavy-industry survival gear, sales have more than doubled. Consumers love to do business with someone that can admit mistakes and state how they made improvements. Prewit alleges Scott set him up to be busted by the feds after seeing Prewits cache of illegal weapons, which included guns that were unregistered and had been illegally modified. Britt , 241 S.W.3d 672, 676 (Tex. Rising S Company LLC made efforts to ensure that all customers were satisfied, and owner, CEO, or Managing Member assured Ripoff Report that the business has an improved business model that features customer satisfaction as the top priority. Your email address will not be published. Id. See TEX. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. & REM. One of the larger Rising S bunkers is buried for a client. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. The Texas-based manufacturer says its business has soared over 500% since the election of President Trump, with about 230 . PRAC. They also told the BBB that their doors are "weatherproof" not "waterproof". & REM. We lead the industry in innovation and engineering underground shelters. A team from the Rising S company installs a bunker. OQHOZQz o;D%;6MW- In an interview with Hubbard, Prewit said he came forward with his story not for his own sake, but rather for the safety of the public, who needs to know that this situation is a possibility. See Hawkins , 606 S.W.3d at 47. CODE ANN. Who's crazy enough to start this website? The "Lady in Minnesota" video opens and ends with the Atlas logo. All rights reserved. CIV. REBUTTAL BOX Corporate Advocacy Business Remediation and Customer Satisfaction Program. See In re Panchakarla , 602 S.W.3d 536, 540 (Tex. The rules of appellate procedure provide that, in an accelerated appeal, the notice of appeal must be filed within twenty days after the judgment or order is signed. 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. strict standards for business conduct. Rising S Company is dedicated to customer satisfaction and technology. ); Clewis v. Harris Cty., No. The decretal portion of the order provides as follows: "IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that the Defendant's MOTION TO DISMISS is hereby DENIED." See Nelson v . Atlas filed a response asserting the October 15 ruling modified the denial of its motion to dismiss pursuant to Rule of Civil Procedure 329b, and the time for appealing runs from the October 15 ruling. 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. See Morrison , 578 S.W.3d at 683 ("A defendant's online review of a competitor's sale and installation of the same product sold and installed by the defendant is a statement that meets" the third element of the commercial speech exemption.). Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. 27.006, TEX. You can see the shocking Atlas Bunkers video here. 27.001(3). Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. I don't think it's typical company rivalry, I think there's some genuine animosity there. CODE ANN. PRAC. Oct. 13, 2015, pet. These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. Hubbard alleges that Scott has personally taken actions that were meant to destroy Atlas Survival Shelters. Schmidt v. Crawford , 584 S.W.3d 640, 646 (Tex. See Act of May 21, 2011, 82nd Leg., R.S., ch. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. Scott alleged that the videos posted on the internet by Atlas contain numerous false statements of fact concerning Clyde Scott and Rising S Company. By encouraging viewers to compare products offered by the two companies, Hubbard not only reviewed Scott's products but, simultaneously offered up Atlas's products as the superior alternative. Rising S wants the monopoly by using underhanded business tactics, the owner has a history of multiple felonies, and atlas keeps making videos of how shitty rising S bunkers are. Atlas argues that its statements were unrelated to its capacity as a seller of its bunkers. App.Houston [14th Dist.] Members of the Corporate Advocacy Business Remediation and Customer Satisfaction program do pay a fee for our on-site review, 24-hour monitoring and for support with customers to resolve any disagreements. CODE ANN. Be knowledgeable about any company or person you hire. Yup I follow atlas though and never have questioned the rivalry. Atlas's owner, Ron Hubbard, posted two videos to Atlas's YouTube channel in April 2019 in which Hubbard made statements about Scott and Rising S Company. 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. First of all, the bunker was installed wrong. 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. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. This is the best way to manage and repair your business reputation. It argues that the complained-of statements were unrelated to its capacity as a seller of underground bunkers. 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. & REM. https://www.ripoffreport.com/reports/rising-s-company-trusted-business-verified-safebusinesses-consumers-can-trust-rising-s-bunkers-is-americas-biggest-manufacturer-of-all-steel-underground-bunkers-storm-shelters-safe-rooms-blast-doors-and-bomb-shelters-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/murchison-texas-75778-3456/rising-s-company-bunkers-and-shelters-clyde-wayne-scott-managing-partner-gary-lynch-mu-1447274. Ron visits a 3-year-old Rising S bunker that costs around $500,000. CIV. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported. CODE ANN. 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 his interactions with Clyde Scott when he purchased a Rising S shelter. Hubbard is not just an "expert" in his field purportedly warning the public of a dangerous individual who sells inferior products. See TEX. 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. Dont click on those slick Ads! Consumers should feel safe, confident and secure when doing business with a member of Ripoff Report's Corporate Advocacy Business Remediation & Customer Satisfaction Program, yes, a long name for a program that does a lot for both consumers and businesses alike. CODE ANN. Consumers educating consumers., Complaints Reviews Scams Lawsuits Frauds Reported.. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. App. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers storm shelters safe rooms blast doors and bomb shelters. PRAC. Those who respond to Ripoff report with a valid complaint must be take care of. Yes. Were always happy to answer any questions you have about our company, our products or the process of adding these security solutions to your life. CIV. Consumers want to see how a business took care of business. This kind of dedication to customer service means that Rising S Company LLC will do whatever it takes to make sure their customers are properly taken care of. Luxury bunker builders and their teams know where everyones bunkers are located. 27.001(7)). & REM. CIV. SeeRound, Full title:ATLAS SURVIVAL SHELTERS, LLC, APPELLANT v. CLYDE SCOTT AND RISING S, Court:COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS, ATLAS SURVIVAL SHELTERS, LLC, APPELLANT v. CLYDE SCOTT AND RISING S COMPANY, LLC, APPELLEES, APPEAL FROM THE 294TH JUDICIAL DISTRICT COURT VAN ZANDT COUNTY , TEXAS. It's an interesting idea but aren't there also questions about long term feasibility with them? 27.010(a)(2). Gen. Laws 960, 961 (amended 2019) (current version at TEX. However, the amendment containing this change became effective September 1, 2019. During its construction, Scott observed Prewit firing and selling these weapons. 19-00111). Why do they hate each other and are either of them being honest on how subpar their rivals products are? I wonder what Matt is alluding to when he talks about problems with Ron. Attention seeking for marketing.. Another reason to make a YT video or FB post. 27.010(a)(2), TEX. 14-15-00424-CV, 2015 WL 5935825, at *1 (Tex. See Round Table Physicians Group , PLLC v. Kilgore , 607 S.W.3d 878, 883 (Tex. CODE ANN. CIV. CODE ANN. PRAC. & REM. We have some great clients and we love hearing from them. Where there appears to be a discrepancy between the judgment's recital and decretal paragraphs, a trial court's recitals, which precede the decretal portion of the judgment, do not determine the rights and interests of the parties. Companyverified TRUSTED business | Verified Safebusinesses consumers can trust told the BBB that their are... To ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported a maker of bunkers and other survival! 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