Spain's consumer watchdog reports website for using AI image of young man with Down's syndrome to sell handbags

The consumers' watchdog has verified the marketing gimmick. The website shows images of Fran supposedly making accessories by hand.

The e-commerce business is capitalising on the more than 50,000 followers of its TikTok account to upload AI-generated videos and images in which the young man appears to be knitting.

As Facua states, these videos "contain strange or unnatural facial movements, irregular blinking, lips that are slightly out of sync with the voice, an excessively clear or artificial voice, monotonous intonation, unnatural breathing and strange breaks or transitions in speech".

The organisation warns that the posts seek to trigger consumers' emotions by repeatedly emphasising that the bags are made by Fran. Moreover, in the videos, the young man appears looking sad because he cannot sell his products or because he is being bullied.

"The aim is to persuade users to buy these bags out of compassion or empathy," Facua says.

The organisation points out that this is not an isolated incident. In July, Facua filed a complaint against the website MimoStore, another online shop that used the same bait to sell plant pots.

Apart from using Fran's image as a marketing ploy, francrafts.shop contains numerous unfair terms in its 'Terms and Conditions' section.

The shop states that it does not guarantee that the appearance or quality of any product or service will meet the customer's expectations "or be exactly as shown in our online shops".

The website also says that "all product descriptions may be amended at any time without prior notice, at our sole discretion".

They also state that "prices, discounts and promotions are subject to change without prior notice" and that "published prices do not include tax", which goes against the law for the protection of consumers.

The shop owners also wash their hands of any issues relating to the dispatch of the product. "We are not responsible for any delays in dispatch or delivery."

Facua has urged the Ministry of Consumer Affairs to launch an investigation and initiate disciplinary proceedings against the operator for applying unfair terms that contravene consumer rights.

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