Cash America International Inc., Petitioner v. Janola Bennett, Respondent

Summary

The Texas Supreme Court held that the Consumer Credit Commissioner does not have exclusive or primary jurisdiction over disputes between a pledgor and a pawnshop concerning lost pledged property, and therefore the trial court had subject‑matter jurisdiction over Bennett’s conversion claim. The Court affirmed the Court of Appeals’ judgment. Justice Owen, dissenting, would have held that the pre‑1999 Pawnshop Act imposed an exhaustion requirement and that its review scheme violated the Texas Constitution’s jury‑trial guarantee.