"Keep me up to date" button at checkout doesn't UN-subscribe when unchecked

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The user journey is:

  • 1st time through checkout fill in form details and check the "Keep me up to date" button. Result: customer account created with 'Accept email marketing = yes'
  • 2nd time through checkout as the same customer and the "Keep me up to date" button is pre-checked, recognising the 'Accepts email marketing' flag.
  • IF THE BUTTON IS THEN UNCHECKED....I would expect the 'Accepts email marketing' flag to be removed but this is NOT happening. The customer account is still showing as 'Accepts email marketing'

I presume unchecking this box should update preferences - can a Shopify Expert please confirm, and advise how to investigate this further?