Kennedy v. Sale

ROBERTSON, Justice.

This cause involves the definition of “consumer” under the Texas Deceptive Trade Practice-Consumer Protection Act (“DTPA”). Tex.Bus. & Comm.Code Ann. § 17.45(4) (Vernon Supp.1985). The question presented is whether an employee complaining of misrepresentations of the provisions of a group insurance policy is a “consumer,” though the employer alone purchased the policy. The court of appeals held that the employee was not a consumer. 679 S.W.2d 733. We reverse the judgment of the court of appeals and affirm that of the trial court.

Francis Kennedy was an employee of the Martin…