> Something isn't adding up

It's bullshit at best.

If we assume they aren't lying, which is generous given their track record, it could be that they provide the tools and infrastructure to collect the data, but don't instruct the software to collect the data. Sort of like if I had a loaded gun and told you I would point and shoot it where you told me to, and then argued that I didn't technically make the decision. It's technically true and complete bullshit.

They could be lying, or they could just be trying to use weasel words. "Data" could be referring to collected data, and they consider phone numbers "metadata". I haven't been following the story though, so I don't know which is more likely.