Scott also alleges that the "Lady in Minnesota" video asks viewers to subscribe to Atlas's YouTube channel. App.Austin July 31, 2020, no pet.) I keep on seeing Rising S trashed but not a single source for anything. & REM. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Rising S Company receives a positive rating for their commitment to Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program. Yes, its a long name for a program that does a lot for both consumers and businesses alike. It features two. Redwine v. Peckinpaugh , 535 S.W.3d 44, 49 (Tex. Gen. Laws 960, 962 (amended 2019) (current version at TEX. Rising S Company leads the industry in innovation and engineering underground shelters. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 341, 2, 2011 Tex. All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. 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! This makes the entire underground shelter extremely rigid and strong, unlike shelters from many of our competitors. If the trial court does not issue a timely ruling, the motion is considered to have been denied by operation of law and the moving party may appeal. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. Rising S Steel Bunkers and Bomb Shelters are built from high quality plate steel and structural metals on the market today. 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. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. 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. If you would like to what I have to say, please give me a call. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. However, the petition did not include new causes of action, and the affidavit addressed issues raised in prior pleadings. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. REBUTTAL BOX 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 . Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a program that benefits the consumer, which helps to increase consumer satisfaction and confidence when doing business with a member business Verified By Ripoff Report. PRAC. Atlas vs the competitor: a side-by-side comparison. CIV. & REM. While Atlas's statements in the videos are undoubtedly "reviews" of Scott's products, those reviews are a part of Atlas's advertising scheme. The website made it sound so safe and complete ("just add personal belongings". When a business joins the Corporate Advocacy Program, Ripoff Report emails everyone from the past so the member business can make things right with them. See 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. While this is clearly proof that Scott has committed crimes in the past, it is not clear if Prewit has any clear evidence that he is the informant that led to his arrest. Sys. Copyright 1997-2023 Ripoff Report. 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. Rising S Company leads the industry in innovation and engineering underground shelters. denied). 27.010(a)(2). Even assuming the errors complained of by Atlas exist, the factual recitations in the order do not affect the ruling. *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Rather, Atlas contends that the videos were communications of consumer complaints and reviews involving Scott's business, and the statements arose from Scott's products, not Atlas's products. 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. Who is ED Magedson - Founder, Ripoff Report. However, if the nonmovant satisfies its burden, the movant may still obtain a dismissal if it establishes each essential element of a valid defense to the nonmovant's claim. PRAC. CODE ANN. Why Ripoff Report will not release author information! Rising S Company will of course always keep your information and location secure. PRAC. When invoked, the trial court must consider an exemption's applicability after and in the context of the movant having met its initial burden under the first step of the dismissal process. 27.005(b). Has your experience with this business or person been good? Ignore that stupid shit. App.San Antonio 2019, no pet.). CODE ANN. CIV. Rather, Atlas asserts, the videos sought to shed light on business practices that could endanger the public, establish the credibility of Atlas as an expert in the field, show the proper means to construct bunkers, and serve as a demonstration of how a subterranean survival shelter should operate. In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. I mean look out how reality tv is thriving lol. 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. PRAC. & REM. Welcome to the Rising S Company official YouTube channel. Scott and Atlas are competitors in the survival shelter industry. I have done a lot of my own research and Atlas is the real deal and actually do know what they're talking about. 27.003(a) (current statute provides that the party responding to motion to dismiss shall file the response not later than seven days before the hearing unless otherwise provided by agreement of the parties or order of the court). According to Prewits claims, he lost $1.5M and five years of his life after hiring Rising S Bunkers to build a shelter. strict standards for business conduct. Who is ED Magedson - Founder, Ripoff Report. 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. Atlas answered and moved to dismiss the suit pursuant to the TCPA. It may not be copied without the written permission of Ripoff Report. One purpose of the videos was to warn the public about an inferior product that could harm the public, a matter of public concern under the TCPA. P. 26.1(b). Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. (((ROR REDACTED))), This report was posted on Ripoff Report on 06/13/2018 10:05 AM and is a permanent record located here: Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! CIV. Intertwined with and overlying this multi-step dismissal process is the TCPA provision exempting certain actions from the TCPA's application. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. See TEX. Hawkins v. Fox Corp. We agree the videos constitute a communication. 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. PRAC. READ: Foreign websites steal our content. Atlas filed its notice of appeal on October 22, 2019. CIV. Atlas contends its "reviews" were recorded videos with former Scott customers explaining the issues they had with Scott's business, and not attempts to encourage customers to do business with Atlas. One of the larger Rising S bunkers is buried for a client. 602-359-4357 when selection starts, press 5 then, three seconds later press 1 Say who you are! Product/service. CODE ANN. 27.008(a). Because the suit was filed before the effective date of that amendment, this case is governed by the statute as it existed before the amendment. Our employees are not only skilled fabricators and craftsmen, but they are also like minded & trustworthy individuals that are also preparing their own families for whatever uncertainty the future has in store. Rising S Company uses all steel throughout the entire structure which will not mold or grow bacteria over time. Ripoff Report has an exclusive license to this report. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. 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. CIV. Our initial inquiry is always whether we have jurisdiction over an appeal. 2007). CIV. App.Waco 2020, pet. Therefore, the TCPA does not apply to this suit, and the trial court did not err in denying Atlas's motion to dismiss. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS" Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Gen. Laws 960, 961 (amended 2019) (current version at TEX. visit us at https://risingsbunkers.com to see why our team is the best in the world." Atlas explained its belief that the October 15 written order modified the earlier denial of its motion by operation of law thereby beginning the time to file a notice of appeal on that date, making the notice of appeal timely filed well within the requisite twenty-day period. 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