Skip tracing is a crucial tool for process servers, helping them locate individuals who don’t want to be found. But staying within legal boundaries is just as important as tracking someone down.
Misusing skip tracing techniques can lead to fines, lawsuits, or even criminal charges. That’s why professional process servers follow strict legal and ethical guidelines.
Here’s how process servers ensure compliance while using skip tracing.
1. Following the Fair Debt Collection Practices Act (FDCPA)
The FDCPA regulates how debt-related legal documents can be served, preventing harassment, deception, and improper disclosures.
Key Legal Restrictions:
- No intimidation or threats – Process servers must remain professional and respectful.
- No misleading statements – They cannot impersonate law enforcement or attorneys.
- Third-party contact limits – They can request location info but can’t reveal debt details.
- Restricted call times – No calls before 8 AM or after 9 PM.
Legal Risk: Violating the FDCPA can result in lawsuits, heavy fines, and even loss of a process server’s license.
Compliance Tip: Train staff on ethical communication and the legal do’s and don’ts of skip tracing.
2. Respecting the Gramm-Leach-Bliley Act (GLBA)
The GLBA protects financial records, restricting process servers from accessing banking or credit data without permission.
What Process Servers CAN’T Do:
- No pretexting – They can’t pretend to be someone else to obtain financial info.
- No unauthorized access – Credit card transactions, balances, and bank data require consent.
- No selling or sharing private financial data – Distributing financial details is illegal.
Legal Risk: GLBA violations can lead to felony charges and multi-million-dollar fines.
Compliance Tip: Stick to legal data sources, like public records and court filings, rather than trying to access private financial data.
3. Adhering to the Driver’s Privacy Protection Act (DPPA)
The DPPA restricts access to DMV records, limiting how process servers can use driver’s license and vehicle registration data.
When DMV Records CAN Be Used:
- For legal service of process (lawsuits, subpoenas, etc.).
- For court-approved investigations.
- When assisting law enforcement.
When DMV Records CANNOT Be Used:
- For personal reasons or curiosity.
- To track someone without legal grounds.
- For marketing or sales purposes.
Legal Risk: Unauthorized use of DMV data can result in fines of $2,500 per violation.
Compliance Tip: Document all DMV record requests and ensure they are legally justified.
4. Complying with the Telephone Consumer Protection Act (TCPA)
For emergency situations, Moon Valley Justice Court can issue protective orders quickly.
How Long Does It Take?
- Filing for a protective order: Same day.
- Hearing with a judge: Usually within hours.
- Temporary order issued: Immediately (if approved).
- Serving the defendant: Within 24-48 hours.
- Final hearing (if needed): Within 10 days.
If the person contesting the order requests a hearing, the timeline may extend.
For extreme cases, emergency orders can be granted within minutes.
5. Following the Fair Credit Reporting Act (FCRA)
The FCRA protects consumer credit information, limiting when process servers can access credit reports.
When Credit Reports CAN Be Used:
- For legal cases like debt collection or court proceedings.
- With the individual’s written consent.
- Through an approved credit reporting agency.
When Credit Reports CANNOT Be Used:
- For personal investigations.
- Without a legitimate legal reason.
- To share information with unauthorized third parties.
Legal Risk: FCRA violations can lead to civil lawsuits, criminal charges, and significant fines.
Compliance Tip: Only access credit data through FCRA-compliant sources and with proper authorization.
6. Following State Privacy Laws
Some states have stricter data privacy, background check, and surveillance regulations.
Notable State Laws:
- California (CCPA & CPRA) – Consumers can opt out of data collection.
- Illinois (BIPA) – Strong restrictions on biometric data tracking.
- New York & Texas – Tight regulations on private investigator databases.
Legal Risk: Violating state privacy laws can lead to class-action lawsuits and major financial penalties.
Compliance Tip: Research state-specific privacy laws before conducting skip tracing.
7. Using Only Legal Skip Tracing Techniques
Not all skip tracing methods are legal. Process servers must stay ethical in their search.
Legal Skip Tracing Practices:
- Public records – Property filings, court cases, and utility records.
- Licensed databases – TLOxp, IDI Core, and LexisNexis.
- Social media – Public posts and check-ins can provide useful information.
Illegal Skip Tracing Practices:
- Hacking or unauthorized access to databases.
- Impersonating law enforcement, attorneys, or relatives.
- Threatening or harassing individuals.
Legal Risk: Unethical skip tracing tactics can lead to voided service, lawsuits, or criminal charges.
Compliance Tip: Train process servers on what is and isn’t legally allowed in skip tracing.
Final Takeaway: Staying Legal = Staying Successful
Process servers must balance efficiency with compliance—cutting corners can lead to serious legal consequences.
How Process Servers Stay Legal While Skip Tracing:
- Follow FDCPA – No harassment, deception, or improper disclosures.
- Respect the GLBA – No unauthorized access to financial data.
- Comply with the DPPA – DMV records must be legally obtained.
- Abide by the TCPA – No robocalls, spam calls, or auto-texting.
- Stay within FCRA limits – Credit reports require legal justification.
- Follow state privacy laws – Different states = different rules.
- Use legal skip tracing methods – Public records, social media, and professional databases.
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The Process Server
13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States
Phone: +1 (602) 675-2333
Email: [email protected]
For further details, please refer to the Justice Courts Case Search.