Bruce Penny and James Penny v. Southwestern Bell Telephone Company

JERRE S. WILLIAMS, Circuit Judge:

Appellants Bruce Penny and James Penny brought this suit against Southwestern Bell under the Texas Deceptive Trade Practices Act. They alleged that Southwestern Bell was discriminatory in applying certain rates and retaliated against the Pennys for complaining to Bell and the Texas Public Utility Commission (PUC) about the discriminatory rates. The district court concluded that the Pennys were required to take their complaint first to the PUC. The district court dismissed the case without prejudice for failure to exhaust administrative remedies. Disagreeing…