By Kashmira Konduparty
Texas filed a lawsuit on Thursday against Meta Platforms Inc. and its messaging service WhatsApp, accusing the companies of misleading the public about WhatsApp’s privacy and encryption methods. Texas Attorney General Ken Paxton alleged the platform falsely marketed its communications as fully secure and inaccessible to Meta.
The lawsuit, filed in Harrison County court, argues that WhatsApp users were led to believe their messages were fully encrypted and private. Texas claims Meta and WhatsApp had access to “virtually all” private communications despite marketing promises about end-to-end encryption. “WhatsApp markets its services as secure and encrypted, but it does not deliver on those promises,” said Paxton.
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Meta denied the allegations and said that the claims are false. Meta spokesperson Andy Stone said that the company cannot access user’s encrypted WhatsApp messages. The company maintained that WhatsApp’s end-to-end encryption system prevents even Meta itself from reading private conversations.
Texas is seeking court orders preventing Meta from accessing Texans’ messages without consent, financial penalties and additional consumer protection remedies. The lawsuit was filed under the Texas Deceptive Trade Practices Act, one of the state’s primary consumer protection laws.
The lawsuit references a federal investigation into Meta’s handling of WhatsApp communications. Texas also cited allegations made by a whistleblower in a complaint reportedly submitted to the U.S. Securities and Exchange Commission (SEC). The complaint allegedly raised concerns about whether some WhatsApp communications were accessible in unencrypted form.
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Meta has faced multiple privacy-related lawsuits and regulatory investigations in recent years involving user data collection, facial recognition, advertising practices and children’s privacy protections. Texas previously secured a $1.375 billion settlement from Google over alleged user privacy violations.
Encryption has become one of the most debated issues in global technology policy. Governments argue stronger access is needed for criminal investigations, terrorism prevention and child safety cases. Technology companies argue weakening encryption could endanger user privacy and cybersecurity.
The Texas lawsuit adds to the growing legal scrutiny facing major technology companies over privacy and data security practices. As encrypted messaging services become increasingly central to communication worldwide, disputed over transparency, surveillance and consumer privacy are expected to intensify.