Fifth Circuit Lets Texas App Store Age-Verification Law Take Effect

3 min readSources: LegalTech News

Fifth Circuit court temporarily lifts injunction, allowing Texas app age-verification law to be enforced.

Why it matters: This ruling supports state-level regulations requiring app stores to verify user ages, affecting digital privacy safeguards and compliance obligations for app distributors nationwide.

  • Texas Senate Bill 2420 requires app stores to verify ages and obtain parental consent for minors.
  • Governor Greg Abbott signed the law on May 27, 2025, targeting children under 18 with specific age groups.
  • A federal judge blocked the law in December 2025 over First Amendment concerns.
  • On May 28, 2026, the Fifth Circuit lifted the injunction, allowing temporary enforcement during appeal.

On May 28, 2026, the U.S. Court of Appeals for the Fifth Circuit temporarily lifted a lower court injunction, enabling Texas's App Store Accountability Act (Senate Bill 2420) to take effect. The law mandates app stores to verify users’ ages and obtain parental consent before minors can download apps or make in-app purchases.

The legislation, signed by Governor Greg Abbott on May 27, 2025, categorizes users into four groups: children under 13, younger teenagers (13-15), older teenagers (16-17), and adults (18 and older). Its goal is to enhance protections for children accessing digital content.

Previously, U.S. District Judge Robert Pitman issued a preliminary injunction in December 2025, blocking the law. Pitman raised First Amendment concerns, likening the law to requiring bookstores to verify the age of every customer and obtain parental approval before sales to minors.

Texas Attorney General Ken Paxton praised the Fifth Circuit’s decision, stating the state has "not only the right, but the duty, to protect children from the harms of our modern digital space." However, the appellate court’s order is an administrative stay allowing temporary enforcement while the appeal is considered, without detailed explanation.

This ruling highlights the increasing role states play in digitally regulating app stores, with potential broad implications for user privacy, parental control, and legal compliance for app platforms.

By the numbers:

  • May 27, 2025 — Senate Bill 2420 signed into law by Texas Governor Greg Abbott
  • December 2025 — Preliminary injunction issued by U.S. District Judge Robert Pitman
  • May 28, 2026 — Fifth Circuit lifts injunction allowing temporary enforcement

Yes, but: The Fifth Circuit’s order is temporary and does not resolve the larger constitutional questions, which remain under appeal.

What's next: The Fifth Circuit will continue reviewing the appeal, with no set timeline for a final decision on the law’s constitutionality.