Curry v. Capital One Auto Finance
E.D. North Carolina · Mar 26, 2026
What happened in this matter?
The court denied the plaintiff's motion for leave to amend her complaint, finding that the inclusion of fabricated legal citations in her filings constituted bad faith and that the proposed amendments were futile. The court also granted the defendant's motion to dismiss the original complaint for failure to state a claim.
- Why the court cared
- The court reasoned that leave to amend should be denied when there is bad faith or when the amendment would be futile. It determined that the plaintiff's inclusion of fabricated citations in her proposed amended complaint constituted bad faith, and that the underlying claims failed to state a plausible cause of action under the FCRA or state law.
- Why it matters now
- Fabricated statutory provisions now constitute bad faith and support denial of leave to amend — not just admonishment.
Why this matter is tracked
Fabricated: Legal Norm | Proposed amended complaint asserted fictitious provisions of a purported North Carolina Identity Theft Protection Act (ITPA); the court identified these statutory provisions as fabricated and tied them to likely AI drafting. Outcome: Leave to amend denied. The court found the plaintiff's proposed amended complaints included fabricated legal authorities — including fictitious provisions of a purported North Carolina Identity Theft Protection Act and other fabricated citations — and concluded the filings were likely drafted with AI. The court denied leave to amend as futile and constituted bad faith due to the fabricated citations, and granted defendant's motion to dismiss.
Fabricated statutory provisions now constitute bad faith and support denial of leave to amend — not just admonishment.
Record details
What the record establishes about AI use
The court noted the plaintiff likely used artificial intelligence to draft her filings.
The court granted the defendant's motion to dismiss and denied the plaintiff's motion for leave to file a second amended complaint.
Correction behavior is not separately verified in the current record.
Tracked discrepancy record
2 citation, quotation, or authority issues are recorded in the source dataset.
- Fabricated: Legal Norm | Proposed amended complaint asserted fictitious provisions of a purported North Carolina Identity Theft Protection Act (ITPA); the court identified these statutory provisions as fabricated and tied them to likely AI drafting.
- Fabricated: Case Law | Second proposed amended complaint contained fabricated case citations; the court found the inclusion of fabricated citations constituted bad faith and a basis to deny leave to amend.
Questions this record answers
- What happened in Curry v. Capital One Auto Finance?
- The court denied the plaintiff's motion for leave to amend her complaint, finding that the inclusion of fabricated legal citations in her filings constituted bad faith and that the proposed amendments were futile. The court also granted the defendant's motion to dismiss the original complaint for failure to state a claim.
- Why does Curry v. Capital One Auto Finance matter for legal AI risk?
- Fabricated statutory provisions now constitute bad faith and support denial of leave to amend — not just admonishment.
- What does the public record establish about Curry v. Capital One Auto Finance?
- The record summarizes the outcome described in the linked public source. The recorded document is hosted in the upstream publisher archive. This page is not a substitute for the complete docket, subsequent history, or jurisdiction-specific advice.
- Which source supports this Curry v. Capital One Auto Finance summary?
- The recorded source is Damien Charlotin case archive. It is classified as publisher document archive; review the linked material and subsequent docket history before relying on this summary.
Related matters
Related by court, jurisdiction, tool, or classified failure pattern. Similarity does not imply the same facts or outcome.