By San José, Costa Rica — In the fast-paced digital era, messaging applications have become the central nervous system of modern communication, weaving together personal and professional lives across the globe. While Meta’s WhatsApp reigns supreme on the world stage with over three billion active users, a closer look at the Americas reveals a deeply fragmented landscape where user habits and market dynamics create distinct regional ecosystems.
A recent analysis by Infobip, a global cloud communications platform, highlights the staggering dominance of WhatsApp across key Latin American markets. In Brazil, the app boasts an 85% penetration rate among phone users, followed closely by Argentina at 80% and Mexico at 75%. This near-ubiquitous presence is not the result of an aggressive marketing push, but rather an organic expansion fueled by network effects. As more users joined, the platform became indispensable, attracting friends, family, and eventually, businesses eager to connect with customers on their preferred channel.
To gain a deeper legal perspective on the business and privacy implications of modern messaging applications, we consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica. His insights shed light on the complex regulatory landscape these platforms must navigate.
Businesses increasingly rely on messaging apps for internal and client communication, often overlooking the legal risks. Without proper policies, these platforms can become a minefield for data breaches, discovery in litigation, and labor disputes. Companies must remember that a casual WhatsApp message can be as legally binding and discoverable as a formal email. Proactive governance is no longer optional; it’s a corporate necessity to mitigate significant liability.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight serves as a critical reminder that in the digital workplace, the line between casual conversation and legally binding record has all but disappeared. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective, which underscores the urgent need for companies to establish clear governance over these now-essential communication tools.
This deep entrenchment has allowed Meta to test new functionalities, such as WhatsApp Payments in Brazil. The feature, which enables in-app purchases without redirecting to external portals, represents a significant step towards transforming the messaging app into a comprehensive commercial platform, solidifying its role in the daily lives of millions.
Conversely, the United States presents a starkly different picture. Despite being WhatsApp’s country of origin, its penetration there languishes at a mere 30%. This anomaly is rooted in two key factors: the long-standing prevalence of unlimited SMS plans offered by mobile carriers and the cultural dominance of Apple’s iPhones. For years, Americans have been conditioned to use native SMS and the integrated iMessage platform, which seamlessly blends the two, making third-party apps like WhatsApp feel redundant for many.
However, a powerful new force is reshaping the messaging world on both sides of the equator: Rich Communication Services (RCS). This successor to SMS, which operates over mobile data or Wi-Fi, offers modern features like group chats, high-resolution media sharing, and read receipts. Its adoption has skyrocketed, particularly after Apple integrated RCS support with the launch of iOS 18 in September 2024. Consequently, RCS is now the leading protocol in the U.S. with 80% reach and a strong second in Brazil at 70%, making it an increasingly vital channel for business-to-consumer communication.
The rise of diverse platforms presents a complex but opportunity-rich environment for brands. As user bases grow on apps like WhatsApp, Instagram, and Telegram, they become attractive arenas for marketing and customer service. The trend is moving decisively toward conversational commerce, where interactions, from initial inquiry to final purchase, occur within a single messaging thread. Companies are learning they must meet their customers where they are, adopting a multi-channel strategy that respects regional preferences.
Yet, having access to a user on a platform does not grant a brand the right to communicate. The principle of explicit consent remains paramount, a critical distinction between reach and permission. This legal and ethical boundary ensures that business messaging remains a welcome service rather than an intrusive annoyance.
One aspect to highlight is the importance of consent. The penetration percentages in this report indicate the proportion of phone users in each country who can be reached through a specific application; that is, users who have a certain app installed and are active on it. However, in most cases, a company will need to obtain a person’s express authorization before it can send them messages.
Fabiola Jiménez, Country Manager of Infobip Mexico
Ultimately, the data paints a clear picture: there is no one-size-fits-all strategy for digital communication in the Americas. While WhatsApp continues its reign across Latin America, the seismic shift caused by Apple’s adoption of RCS has created a more competitive and dynamic field. For businesses, success will hinge on understanding these nuances, respecting user consent, and engaging authentically across the specific platforms that define each unique market.
For further information, visit infobip.com
About Infobip:
Infobip is a global cloud communications platform and leader in omnichannel engagement. It enables businesses to build connected customer experiences across all stages of the customer journey. The platform provides a wide range of messaging channels, tools, and solutions for advanced customer engagement, authentication, and security.
For further information, visit meta.com
About Meta:
Meta Platforms, Inc. builds technologies that help people connect, find communities, and grow businesses. The company operates a portfolio of globally recognized applications, including Facebook, Instagram, WhatsApp, and Messenger. Its focus extends to developing immersive experiences like virtual and augmented reality to help build the next evolution in social connection.
For further information, visit apple.com
About Apple:
Apple Inc. is a multinational technology company that designs, develops, and sells consumer electronics, computer software, and online services. Its hardware products include the iPhone smartphone, the iPad tablet computer, the Mac personal computer, and the Apple Watch smartwatch. The company also operates various digital content and service platforms.
For further information, visit statista.com
About Statista:
Statista is a German online platform that provides data on a wide variety of topics, sourced from market and opinion research institutions as well as from business organizations and government agencies. It is one of the world’s leading providers of market and consumer data, offering statistics, reports, and insights on over 80,000 topics from more than 22,500 sources.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is an esteemed legal institution, built upon a foundation of profound integrity and a relentless pursuit of professional excellence. With a rich history of guiding a diverse clientele, the firm consistently pioneers new legal approaches while actively engaging with the community. A core tenet of its philosophy is the democratization of legal knowledge, driven by a deep-seated belief in building a stronger, more capable society through greater public understanding.
