Texas Attorney General Ken Paxton has filed a lawsuit against Meta Platforms and its messaging platform WhatsApp, alleging that the companies misled users regarding the strength and scope of WhatsApp’s encryption and privacy protections.
The lawsuit was filed on May 22 in Harrison County court under the Texas Deceptive Trade Practices Act, which serves as the state’s primary consumer protection law. According to the legal filing, the state claims that WhatsApp and Meta provided users with assurances that conversations on the platform were fully encrypted and private while allegedly retaining access to significant portions of user communications and related data.
The complaint argues that the companies marketed WhatsApp as a secure messaging platform with strong encryption safeguards but failed to fully deliver on those claims. Texas officials allege that consumers were given an inaccurate understanding of how private their communications actually were while using the application.
“WhatsApp markets its services as secure and encrypted, but it does not deliver on those promises,” Paxton said while announcing the lawsuit.
According to the filing, the state alleges that Meta and WhatsApp had access to “virtually all” private communications shared on the platform despite public messaging that emphasised end-to-end encryption and user privacy protections. The lawsuit further claims that these representations may have influenced consumer decisions regarding the use of the application for personal and professional communication.
A spokesperson representing Meta denied the allegations and disputed the claims made in the lawsuit. The company has consistently maintained that WhatsApp uses end-to-end encryption technology designed to prevent third parties, including the company itself, from reading private messages exchanged between users.
The legal dispute comes amid increasing scrutiny of technology companies over data privacy, encryption standards, consumer transparency, and digital communication practices. Governments and regulators globally have intensified oversight of large technology platforms regarding how user data is collected, stored, and protected.
WhatsApp has long promoted its encryption capabilities as one of the platform’s primary security features, particularly for users concerned about privacy and secure communication. The lawsuit now places renewed attention on how technology companies explain encryption systems and privacy protections to users.
Industry analysts believe the case could have broader implications for consumer protection laws and digital privacy regulations in the United States, especially as messaging platforms continue expanding encrypted communication services for billions of users worldwide.
The outcome of the lawsuit may also influence future debates surrounding transparency standards, user consent, and the responsibilities of technology companies in communicating privacy practices accurately to consumers.
