Attorney General Ken Paxton has secured a significant appellate court victory in his long-running lawsuit against Yelp, Inc. over the company’s handling of pregnancy resource center listings and notices on its platform.
The dispute centers on notices that Yelp began appending to pregnancy resource centers’ pages in August 2022, stating these centers “typically provide limited medical services and may not have licensed medical professionals onsite.”
This was done after reports emerged that such centers were steering users away from abortion providers.
A coalition of two dozen state attorneys general objected, but it was Paxton who advanced legal action, contending the label was misleading and violated Texas consumer protection laws, even though the statement was acknowledged by Yelp and Paxton’s counsel as “literally true.”
Yelp modified its warning in response to criticism, making it clear that pregnancy resource centers do not offer abortions or referrals.
Despite this change, Paxton pressed ahead, arguing even the revised notices improperly diverted Texas women from pro-life resources.
The attorney general’s suit sought not only to stop such notices but to impose steep civil penalties under the Texas Deceptive Trade Practices Act.
Yelp tried to have the case dismissed, arguing Texas lacked jurisdiction since it is a California-based company. Yelp also launched a federal challenge, citing First Amendment grounds and claiming Paxton’s action was retaliatory and in bad faith.
A federal judge, however, dismissed Yelp’s suit under the “Younger abstention” doctrine, holding that federal courts shouldn’t interfere with ongoing state proceedings unless there’s extreme bad faith—which Yelp failed to demonstrate.
The Texas appellate court’s decision means that major online businesses cannot escape state accountability simply because they are headquartered elsewhere when their consumer-facing actions affect state residents.
Paxton hailed the ruling, saying it protects Texans and ensures women seeking pregnancy-related services are provided accurate information. “I will continue to defend pro-life organizations that serve Texans and make sure that women and families are receiving accurate information about our state’s resources.”
With the appellate court’s ruling, the case has been remanded back to the 335th District Court for adjudication on the merits.
Yelp did not respond to Texas Scorecard’s request for comment before publication.
