OAKLAND, CAL. (VINnews) — A class-action suit was filed Tuesday against internet browser Google for allegedly violating the Federal Wiretap Act by tracking and collecting information about users even when they used the private browsing mode in an attempt to maintain their privacy, according to a report by the New York Times.

The lawsuit, filed in the U.S. District Court for the Northern District of California, also claimed that the company had violated a California law that requires consent of all parties to read or learn the contents of private communication.

The lawsuit, which was filed by Mark C. Mao, a partner at the law firm Boies Schiller Flexner, alleged that Google uses other tracking tools it provides to website publishers and advertisers to keep tabs on what websites the user visits, even when those users specified that they wished to browse privately.

The Federal Wiretap Act provides users with the right to sue if their private communications are intercepted. Previously Google had been sued for privacy violations but not under the Wiretap Act. The current suit claims that by intercepting the contents of communication between users and websites and by collecting browsing history, website addresses and search queries, the company is effectively intercepting a private communication of its users.

Google spokesman, Jose Castaneda, responded that “We strongly dispute these claims, and we will defend ourselves vigorously against them. Incognito mode in Chrome gives you the choice to browse the internet without your activity being saved to your browser or device. As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity during your session.”

However the plaintiffs claimed that Google had “intentionally deceived consumers” into believing that they maintain control of the information shared with the company and encouraged them to surf the web in private browsing if they want to maintain their privacy. The company did not mention the other tracking tools which would enable it to collect information about the browsing history of its clients.