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An international coalition of plaintiffs has filed a lawsuit against Meta Platforms Inc., the parent company of WhatsApp, in a U.S. federal court over its claim of providing end-to-end encryption. The core allegation is that Meta has systematically deceived users by making false claims about the privacy and security of its popular WhatsApp messaging service.
The plaintiffs argue that the company’s pervasive marketing of “end-to-end” encryption as a default, unbreachable protection for user communications is fraudulent.
Central to the lawsuit is the challenge to Meta’s encryption claims. WhatsApp has long promoted that its use of the Signal protocol for end-to-end encryption. The protocol helps ensure that only the sender and recipient of a message can access its contents. Furthermore, it explicitly states within chats that “only people in this chat can read, listen to, or share” the messages. The plaintiffs contend that this fundamental promise of privacy is false.
The complaint alleges that, contrary to its public assurances, Meta and WhatsApp have the technical capability and practice of storing and analysing users’ private communications. They claim the companies can access virtually all WhatsApp messages, despite labelling them as encrypted and private. This alleged practice forms the basis for the accusation that Meta has defrauded WhatsApp’s global user base, which numbers in the billions.
A key and specific claim in the filing is that Meta employees can access these purportedly encrypted communications themselves. The plaintiffs cite unnamed “whistleblowers” as sources for this information.
Meta Flatly Refutes Allegations as “Frivolous”
Meta has issued a forceful and categorical denial. A company spokesperson, Andy Stone, labelled the lawsuit “frivolous.” He stated that any claim that WhatsApp messages are not encrypted is “categorically false and absurd.” In defense, Meta emphasised that WhatsApp has used end-to-end encryption for over a decade. Also, the company indicated it would seek sanctions against the plaintiffs’ lawyers for bringing the suit.
The lawsuit seeks class-action status, which, if granted by the court, would allow it to represent all affected WhatsApp users worldwide. The plaintiffs comprise several countries, including Australia, Brazil, India, Mexico, and South Africa. This coalition strongly hghlights the international scope of the allegations against the global platform.
The legal teams behind the suit include attorneys from major law firms like Quinn Emanuel Urquhart & Sullivan, Keller Postman, Barnett Legal and others.
This lawsuit strikes at the heart of WhatsApp’s main privacy feature and marketing appeal. The outcome could have profound implications for user trust, regulatory scrutiny of tech companies’ privacy claims. Also, it could determine the legal standards governing end-to-end encryption services.
For more on privacy, read our posts below:
Why You Need a VPN (And How to Choose the Right One)
How to Safeguard Your Files With Encryption Before Uploading to a Cloud
