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Microsoft is being accused of tracking the location of its smartphone users even after they request that the tracking software be turned off.

The firm is facing a lawsuit in a Washington State federal court filed by Windows Phone 7 user Rebbeca Cousineau whose lawyers claim that Microsoft intentionally designed camera software on the Windows Phone 7 operating system to ignore customer requests that they not be tracked.

The lawsuit alleges that a letter the company sent to Congress, in which Microsoft said it only collects geolocation data with the express consent of the user, was false. It claims Microsoft transmits data, including approximate latitude and longitude coordinates of the user’s device, while the camera application is activated.

Cousineau is seeking an injunction and punitive damages, among other remedies.

A Microsoft spokesperson said the firm was not prepared to comment on ongoing legal proceedings.