Cash America International Inc. v. Bennett

in which Chief Justice PHILLIPS, Justice ENOCH, Justice BAKER, Justice ABBOTT, Justice HANKINSON, and Justice GONZALES joined.

The Texas Pawnshop Act provides that a pawnbroker must replace lost or damaged pledged goods with like-kind merchandise, subject to the Consumer Credit Commissioner’s approval. See Tex. Fin. Code § 371.167(a).1 We must decide whether the Act provides the sole and exclusive remedy for a complainant seeking recovery against a pawnshop for lost pledged property. The trial court granted Cash America’s plea to the jurisdiction and dismissed the case. The court of appeals…