Suppose someone asked Dall-e for an image of Black Widow like in the first Avengers movie, promoting their brand. If they then use that in advertising, Johansson's portrait rights would likely be violated. Even (especially) if they never contacted her about doing the ad herself.
This is similar to that, but with voice, not portrait.
Much of the coverage I've seen thorough social media on this (including Johansson's statement) gives the impression that this is what OpenAI did. If the quality of doing that would be worse than using a voice actor to imitate Johansson's voice, what is the value of the publicity which gives the impression that their technology is more advanced than it is, compared to whatever they end up settling this for?
You can't hire an artist to draw black widow in the style of Scarlett Johansson's widow. The issue isn't how the art is made, it's whether the end result looks like her.
I think there may be additional issues (to be determined either in courts or by Congress, in the US) with regard to how Dalle makes art, but elsewhere in the thread someone mentioned the Ford Bette middler case, and that does seem to be relevant (also, though, not exactly what happened here)
I don't have the expertise to know how similar this is to the case at hand.