A spokesman for Penthouse said it had not been informed of the suit.
The suit names as defendants Chiapel, Penthouse, Guccione and magazine vice chairman Kathy Keeton.
Williams has appeared nude in exactly two instances: For the Penthouse magazine photoshoot which caused her to resign as Miss America in 1984.
Williams thus resigned as Miss America on July 22, 1984 under pressure from the Miss America Organization , and was replaced by first runner-up Miss New Jersey Suzette Charles.
Chiapel has been unavailable for comment since the photos were published.
However, a few weeks prior to the end of her reign, she learned that Penthouse magazine would be publishing unauthorized nude photographs of her in an upcoming issue.
The first African-American woman to win the Miss America title, Vanessa Williams is a singer and actress reknowned for her beauty.
The agency was partly owned by Thomas Chiapel, who took the pictures in May 1982.