A lawsuit filed on Wednesday August 31, in Seattle federal court claims that Windows Phone users are tracked by the company, even after they have opted out of location tracking,
The lawsuit comes less than four months after Microsoft told Congress it no longer tracks individual smartphones.
The class-action lawsuit (embedded below) was filed on behalf of Rebecca Cousineau, alleges that the "deceptive" tracking is a scheme on the part of Microsoft to build a system that can send targeted ads to consumers' mobile phones based on their location.
"Microsoft is racing to develop a system that facilitates targeted advertisements to consumers based upon their geographic locations. Before Microsoft is able to effectuate such a marketing campaign, however, it must first compile a digital map by collecting geographic information and unique identifiers from cellular towers, wireless network routers, cellular telephones, and computer systems."
"Faced with the expensive and laborious task of collecting this information, Microsoft has elected to gather instead, the necessary geolocation information through its customers' mobile devices. In this way, Microsoft uses its customers as a virtual army of surveyors who constantly gather and transmit the geolocation information necessary to build its digital map."
"To provide these rich experiences, Microsoft collects limited information necessary to determine the approximate location of a device. Collection is always with the express consent of the user and the goal of our collection is never to track where a specific device has been or is going," Microsoft said the in a letter (see second embedd below).