Unformatted text preview: plaintiff’s complaint state an actionable claim for the tort? c. Holding i. South Carolina does NOT recognize the tort of negligent enablement of imposter fraud. d. Reasoning i. To establish a claim for negligence, a plaintiff must prove 1.a duty of care owed by defendant to plaintiff, 2.a breach of duty by negligent act or omission, and 3.damage caused by the breach. ii. While identity theft is a growing problem, the court declines to recognize a duty of care between credit card issuers and those whose identities may be stolen. Foreseeability alone does not give rise to a duty. iii. Since there is no duty on the part of the credit card issues, S.C. doesn’t recognize the tort....
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- Fall '07
- Credit card, Credit card fraud, Huggins, negligent enablement