How is saying "yes we can scale" when you're not sure if you can, aren't you essentially implying that you have the infrastructure to deliver on that promise? And if you don't actually have that infrastructure yet/built/proven, then you're essentially selling a feature that doesn't exist.
It's shades of grey from lying about E2EE, but seems pretty similar imo
That's very different than making a specific claim that you already have a feature right now, that you in fact don't. That claim cannot possibly be made in good faith, as it's currently outright false, and you can never retroactively apply end to end encryption on conversations that have already happened.
Really? Do you think they would/could lie on the features of a product that they deliver to a client. If they did, do you think they should get away with that?
'We have that capability' claim is totally not the same.