Skip tracing is a powerful tool for process servers—but only when done legally.
While locating individuals efficiently is crucial, certain methods are strictly prohibited. Violating these laws can lead to lawsuits, fines, or even criminal charges.
So, what are the biggest legal restrictions on skip tracing? Let's break it down.
1. No Pretexting – Impersonation Is Illegal
What It Is:
Pretexting is the act of pretending to be someone else to obtain information.
Illegal Tactics:
- Impersonating law enforcement, attorneys, or government officials.
- Calling banks, landlords, or phone companies while pretending to be the person being traced.
- Using fake identities or false credentials to access databases.
Violating pretexting laws (Gramm-Leach-Bliley Act) can result in felony charges and massive fines.
Legal Alternative:
- Use legitimate databases like TLOxp, IDI Core, and LexisNexis.
- Cross-reference property records, employment history, and court filings.
2. No Unauthorized Access to Financial Records
What It Is:
The Gramm-Leach-Bliley Act (GLBA) protects consumer financial privacy, making it illegal to access:
- Bank accounts
- Credit reports
- Loan details
Illegal Tactics:
- Pulling credit reports without permission (FCRA violation).
- Accessing bank statements, loan records, or mortgage details without authorization.
- Using fraudulent pretexting to obtain financial data.
Violating GLBA can lead to felony charges and fines of up to $1,000,000 per incident.
Legal Alternative:
- Use asset searches that track publicly recorded liens, judgments, and foreclosures.
- Search real estate records for property ownership and mortgage filings.
3. No Hacking or Unauthorized Digital Surveillance
What It Is:
Hacking and illegal data access are federal crimes under the Computer Fraud and Abuse Act (CFAA).
Illegal Tactics:
- Hacking into email, social media, or private databases.
- Using spyware, keyloggers, or unauthorized tracking devices.
- Accessing protected data sources without authorization.
Federal penalties for hacking can include prison time and fines of up to $500,000.
Legal Alternative:
- Use open-source intelligence (OSINT) tools to track public social media activity.
- Monitor real estate transactions and employment changes for leads.
4. No Trespassing or Illegal Surveillance
What It Is:
The Fourth Amendment protects people from illegal searches. Process servers cannot trespass to locate or serve someone.
Illegal Tactics:
- Entering gated communities or private property without permission.
- Installing hidden cameras or GPS trackers on private property.
- Peering through windows, fences, or using drones to spy on individuals.
Trespassing laws vary by state but can lead to arrest and civil lawsuits.
Legal Alternative:
- Stake out public locations (courthouses, workplaces, gyms) to legally observe movements.
- Obtain court permission for alternative service (posting, publication, or social media).
5. No Harassment, Threats, or Deception
What It Is:
The Fair Debt Collection Practices Act (FDCPA) protects individuals from harassment, deception, or intimidation.
Illegal Tactics:
- Calling repeatedly to intimidate someone into revealing information.
- Threatening arrest, lawsuits, or violence if they don’t comply.
- Misleading individuals by falsely claiming legal authority.
Violating FDCPA can lead to fines of $1,000 per violation and civil lawsuits.
Legal Alternative:
- Ask for location info politely without revealing case details.
- Only call during legal hours (8 AM – 9 PM).
6. No Access to DMV Records Without Legal Authorization
What It Is:
The Driver’s Privacy Protection Act (DPPA) restricts access to:
- Driver’s licenses
- Vehicle registrations
- VINs
Illegal Tactics:
- Requesting DMV records without a permissible purpose.
- Using vehicle data for personal investigations.
- Sharing or selling DMV records without authorization.
Violating DPPA can result in fines of up to $2,500 per unauthorized search.
Legal Alternative:
- Obtain DMV records legally through a court order or authorized database.
- Use vehicle-related court filings (accidents, insurance claims) for tracking leads.
7. No Using Outdated or False Information
What It Is:
Process servers must ensure their data is accurate—serving the wrong person can void the case and lead to legal consequences.
Illegal Tactics:
- Using outdated or unreliable skip tracing tools.
- Serving someone at an old address without verifying residency.
- Misidentifying individuals due to common names or clerical errors.
Incorrect service can get the case dismissed or result in lawsuits.
Legal Alternative:
- Use real-time skip tracing (Skip Genie, TLOxp, IDI Core).
- Confirm identity via employment records, property records, or known associates.
8. No Calling or Messaging Without Compliance
What It Is:
The Telephone Consumer Protection Act (TCPA) regulates phone calls, preventing spam and robocalls.
Illegal Tactics:
- Using auto-dialers or robocalls.
- Calling numbers on the Do Not Call (DNC) list.
- Sending unsolicited text messages without consent.
TCPA violations can lead to fines of $500–$1,500 per illegal call or text.
Legal Alternative:
- Manually call individuals instead of using auto-dialers.
- Verify contact details before reaching out.
Final Takeaway: Stay Legal & Professional at All Times
Skip tracing is an effective tool—but process servers must follow strict legal boundaries.
Biggest Legal Restrictions & How to Stay Compliant:
- No Pretexting – Use real skip tracing tools, not deception.
- No Unauthorized Financial Data – Stick to public property & asset records.
- No Hacking or Illegal Surveillance – Use public OSINT and legal searches.
- No Trespassing – Serve in public or approved locations.
- No Harassment or Deception – Be polite, professional, and respectful.
- No DMV Data Without Permission – Use court-approved methods.
- No Calling Without Compliance – Follow TCPA & FDCPA rules.
- Always Verify Information – Confirm addresses, names, and identities before serving.
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