FILED No. 23-20604 December 19, 2024 ____________ Lyle W. Cayce Clerk A.B.; R.J.; J.F.; P.P.; A.E.; Jane Doe,

Plaintiffs—Appellees,

versus Salesforce, Incorporated,

Defendant—Appellant. ______________________________

Appeals from the United States District Court for the Southern District of Texas USDC Nos. 4:20-CV-1254, 4:20-CV-1256, 4:20-CV-1516, 4:21-CV-2856 ______________________________ Before Willett and Douglas, Circuit Judges, and Morales, District Judge. David S. Morales, District Judge: This interlocutory appeal centers around section 230 of the Communications Decency Act. Plaintiffs, a group of sex-trafficking victims, were trafficked through advertisements posted on Backpage.com, an online advertisement forum. They sued Salesforce, a company that provided cloud-

_____________________  United States District Judge for the Southern District of Texas, sitting by designation. No. 23-20604

based software tools and related support services to Backpage. Salesforce moved for summary judgment on the grounds that section 230 bars Plaintiffs’ claims. Because Plaintiffs’ claims do not treat Salesforce as the publisher or speaker of third-party content, Salesforce cannot avail itself of section 230’s grant of immunity. Accordingly, we AFFIRM the district court’s denial of summary judgment and REMAND for further proceedings consistent with this opinion. I Salesforce is a business-software company that provides cloud-based customer-relationship-management (“CRM”) technology. Unlike traditional CRM technology, Salesforce’s software allows businesses to dispense with rolodexes,1 physical files, CDs, or local databases and instead organize their customer data on Salesforce’s servers. All types of businesses use this software, and Salesforce is the world’s largest CRM-software provider. Backpage was a Craigslist-style online advertisement forum. But it did not just provide a forum for advertising the sale of your couch before a big move—the website also included advertisements for erotic dancers and escort services. In fact, during a 2017 Senate investigation, Backpage did not deny that its site was used for criminal activity, including the sale of children for sex. That investigation eventually found that Backpage knowingly facilitated both prostitution and child sex trafficking, and had concealed evidence of criminal activity on its platform. Ultimately, the Department of Justice seized Backpage, and in 2018, Backpage pled guilty to human trafficking.

_____________________ 1 “Rolodex” is a genericized portmanteau referring to a desktop card index used to record names, addresses, and telephone numbers.

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Sometime in 2012 or 2013, Backpage contacted Salesforce about starting a business relationship. Salesforce employees began communicating with Backpage employees and learned about Backpage’s process and priorities. The conversations ranged from granular details about the scope of the potential relationship and the services Salesforce would provide to general communications about Backpage’s business. As negotiations progressed, the Salesforce executive team was ke