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Mother & Unborn Baby Care of North Texas, Inc. v. Texas

Court of Appeals of Texas
749 S.W.2d 533 (1988)


Facts

Mother & Unborn Baby Care of North Texas, Inc. (the center) (defendant) was an anti-abortion organization that posed as an abortion clinic. The center ran phonebook advertisements under the heading “Abortion Information & Services” and used the alternative business name Problem Pregnancy Center. The center booked appointments with women seeking abortions and provided only incomplete or evasive information to those women. When women showed up to an appointment expecting to receive abortion services, the center would display graphic pictures of abortion procedures and attempt to talk the women out of having an abortion. The state of Texas (plaintiff) sued the center under the Deceptive Trade Practices Consumer Protection Act (DTPA), and the trial court entered judgment against the center. The center appealed, arguing that the center’s anti-abortion activities were outside the scope of the DTPA.

Rule of Law

Issue

Holding and Reasoning (Lattimore, J.)

Dissent (Burdock, J.)

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