A Fashion Model Is Again Suing Rainbow Shops Over Unsanctioned AI Images - Yahoo

Fashion model Francheska Pujols has refiled a lawsuit against retailer Rainbow Shops, alleging the unauthorized use of AI-generated images of her in advertisements. This legal action follows a brief withdrawal of the case intended to facilitate private settlement discussions, which ultimately failed to resolve the dispute.

What happened

Francheska Pujols initially filed her lawsuit in the New York State Supreme Court on May 22, 2024, before withdrawing it on May 29, 2024. After attempts at a private settlement were unsuccessful, she refiled the claims on June 15, 2024. The core of the complaint asserts that while Pujols participated in a legitimate photoshoot for Rainbow Shops in 2024, she never provided consent for her likeness to be used in subsequent AI-generated advertisements.

The refiled case introduced new evidence involving an Instagram post from an online store called Kiss Don't Tell. This post featured an image of Pujols in a pose where her undergarments were visible, wearing the same outfit she had worn during her professional photoshoot for Rainbow Shops. Pujols maintains that she never posed for or authorized this specific depiction, noting that it damages her professional reputation. While the affiliation between Kiss Don't Tell and Rainbow Shops remains unverified, the lawsuit highlights that both brands share the same social media manager on LinkedIn.

Pujols has expressed significant concern regarding the extent of the unauthorized use of her likeness, noting uncertainty about whether her digital image has been distributed to affiliates or third-party services involved in AI systems. The legal action coincides with the implementation of the New York State Fashion Workers Act, which includes provisions requiring clear, separate written consent before a model’s digital likeness can be created or altered using AI technology.