James Rodney Flenniken and Betty Flenniken, Petitioners v. Longview Bank and Trust Company, Respondent

Summary

The Texas Supreme Court held that the Flennikens are consumers under the Deceptive Trade Practices Act and therefore entitled to treble damages and attorney's fees for the Bank's unconscionable foreclosure; it reversed the Court of Appeals and affirmed the trial court judgment. Justice Pope dissented, arguing the majority erred in finding consumer status.