You can access the original lawsuit from here.

The State of Texas has sued Meta and WhatsApp, alleging that the companies falsely claimed users’ messages were protected by end-to-end encryption while internally retaining access to private communications. The lawsuit, filed on May 21 in a Texas district court, accuses the companies of misleading millions of users in Texas and elsewhere about the privacy of WhatsApp chats.

What the lawsuit is about: The case centres on WhatsApp’s long-running claim that “not even WhatsApp” can read users’ messages. Texas Attorney General Ken Paxton’s office argues that these assurances were deceptive because Meta allegedly stored WhatsApp messages in unencrypted form and allowed some employees and contractors to view them via internal systems.

Citing a Commerce Department investigation and a 2024 whistleblower complaint to the US Securities and Exchange Commission, the lawsuit claims “Meta stores and can view WhatsApp messages” and that there was “no limit to the type of WhatsApp message that can be viewed by Meta.” The petition alleges that Meta operated a “tiered permissions system” that granted different levels of access to employees and overseas contractors, including some involved in content moderation.

WhatsApp’s privacy promises under scrutiny: Texas says WhatsApp repeatedly marketed itself as a privacy-first platform after Facebook acquired it in 2014 for around $19 billion. The lawsuit says WhatsApp told users through its website, app store listings, FAQs and in-app notices that end-to-end encryption protects messages and that even the company itself cannot access them.

The lawsuit also traces WhatsApp’s shift from its earlier anti-data collection stance to deeper integration with Meta’s ecosystem after 2016, when the platform began sharing certain user data with Facebook for advertising and other purposes. According to the petition, WhatsApp disclosed limited exceptions, such as user reports, customer support interactions and business messaging, but never informed users that Meta allegedly had wider access to message content.

Texas cites Meta’s past privacy controversies: Texas argues that the allegations are consistent with Meta’s broader history of privacy controversies, citing past actions by the US Federal Trade Commission and European regulators over data handling, disclosure failures and misleading public statements.

What Texas is seeking: The state has accused Meta and WhatsApp of violating the Texas Deceptive Trade Practices Act by misrepresenting WhatsApp’s privacy features and failing to disclose information users may have considered important before using the service.

Texas is seeking a permanent injunction to stop Meta and WhatsApp from accessing Texans’ communications on WhatsApp without consent, along with civil penalties of up to $10,000 per alleged violation, court costs and attorneys’ fees.

Part of a broader crackdown on Big Tech: The lawsuit is part of a wider push by Texas Attorney General Ken Paxton against major technology companies over privacy and consumer protection issues. Last year, Meta agreed to pay $1.4 billion to settle allegations by Texas that it unlawfully collected and used facial recognition data. In May 2025, Google agreed to a $1.375 billion settlement over claims related to location tracking, Incognito mode and biometric data collection. Earlier this month, Texas also sued Netflix over allegations involving user surveillance, data collection and addictive platform design.

Read more:

• Discord rolls out End-to-End Encryption for all voice and video calls
• Meta expands AI-based age assurance for teens amid rising regulatory pressure
• What the WhatsApp privacy debate gets wrong