An article on Caster Semenya published in The Guardian on Saturday and punted as "an exclusive interview" is alleged to have been obtained under false pretences.
A statement issued at the weekend by Greg Nott, managing partner at the law firm Dewey & LeBoeuf, said the world 800 metres champion was considering taking legal action against the British paper.
The article, more than 5 000 words long and published on page one of the news and features section, quotes Semenya as saying: "People want to stare at me, to touch me. I don't think I like being famous so much."
Her lawyers are now claiming that Semenya never agreed to an interview and that the quotes had been obtained under false pretences. Since the recent sex-testing debacle, Semenya has refused requests for interviews or comments.
A statement by Dewey & LeBoeuf claimed: "Our client has instructed us to convey that she continues to refuse to grant any interviews to any person. The reasons for our client's position are obvious.
"We are instructed by our client that any quotes or information in Mr (Donald) McRae's article which are alleged to have been obtained from or attributed to our client have been obtained under false pretences and in a wrongful and unlawful manner. This is regrettable. This has been conveyed to The Guardian. Our client is considering the legal options available to her."
The Associated Press has reported that The Guardian has denied Semenya was tricked into an interview and that the reporter who wrote the article had been invited to speak to her.
Semenya's coach, Michael Seme, who was quoted far more often than Semenya in the article, could not be reached for comment yesterday.
Athletics South Africa coach Wilfred Daniels, who resigned when the sex-testing controversy first broke, said that while he was aware of The Guardian article, he had no knowledge of how it had been attained.
Earlier this year, The Guardian had to pay "substantial damages" to President Jacob Zuma for publishing an article by Simon Jenkins, entitled "Get used to a corrupt and chaotic South Africa. But don't write it off", on March 6.
The paper publicly apologised to Zuma. The amount of the damages was not revealed.