Is Skip Tracing Legal?

Skip tracing usually involves collecting personal information about someone who may not want to be found. Whether it’s used to locate a missing person, a debtor, or someone avoiding being served legal documents, the process often happens without the individual’s knowledge or consent. As such, it raises some ethical and privacy concerns, making many people wonder where the legal boundary is between what’s legal and what’s invasive.

The truth is, skip tracing is legal, but only when done the right way. In the U.S., there are strict federal and state laws that regulate how personal data can be gathered and used. Therefore, anyone conducting a skip trace must follow these rules closely to avoid having their skip trace considered illegal.

At On-Call Legal Process Servers, we are not only swift at process service, we also offer investigative services with advanced skip tracing techniques to help you locate hard-to-find individuals across California and beyond. Our skip tracing services are always handled by experts to be sure you stay compliant throughout the process. Schedule a free consultation with us, let’s help you get started quickly and discreetly.

In this blog, we’ll break down how skip tracing works, who can legally perform it, and what methods are considered ethical versus unlawful. You’ll also learn the risks of getting skip tracing wrong and why hiring a professional matters.

How Does Skip Tracing Work?

Skip tracing refers to the process of trying to locate a person who has moved without leaving their contact information or is deliberately playing hard to find. The term “skip” was coined from the phrase “skipping town”, while “tracing” simply refers to tracking someone’s whereabouts.

The skip tracing strategy is used by professionals such as private investigators, bail bondsmen, bounty hunters, lawyers, process servers, and debt collectors. It helps them track and locate evasive debtors, offenders who skip court dates, defendants who avoid being served court papers, or even missing persons.

How Skip Tracing Works

Skip tracers gather and analyze different types of information to figure out the current location of their target. To begin, a skip tracer collects all the basic details available about the person, like their full name, past addresses, phone numbers, or Social Security number. They then search many public and private databases, including court records, tax records, property records, credit files, and social media. This helps them look for clues that point to where the person might be at the moment.

Once they collect enough information, the skip tracer engages in some sort of data analysis to compare all the details to spot patterns, connections, or recent changes. They may contact known friends or family members, or even visit old addresses. Sometimes, they use some advanced skip tracing software to speed up the search by gathering and organizing data from many sources in one place.

Is It Legal to Skip Trace?

Yes, skip tracing is legal, as long as the skip tracer adheres to the law. However, the process can be considered illegal if the skip tracer uses deceptive methods or tries to access private information without permission. In general, skip tracing activities that breach ethical and legal limits are illegal.

Therefore, every legitimate skip tracer must follow federal and state laws that protect consumer privacy, which include the following:

1. The Fair Debt Collection Practices Act (FDCPA) sets strict rules for debt collectors, especially when contacting third parties to locate a debtor. They cannot reveal the purpose of their call, discuss the debt, or harass or threaten the individual. They can only ask for location information, and they must identify themselves truthfully without implying the person owes a debt.
2. The Gramm-Leach-Bliley Act (GLBA) protects consumers’ private financial information. It prohibits unauthorized access to sensitive personal data such as bank account details, credit history, and insurance records. Under the GLBA, skip tracers are not allowed to use deception, such as pretending to be the consumer, to obtain this information, a practice known as pretexting.
3. The Telephone Consumer Protection Act (TCPA) regulates how businesses and individuals can use phone calls and text messages for contact purposes. It restricts the use of autodials, robocalls, and prerecorded messages without obtaining consent. Skip tracers must make sure they have legal permission before calling or texting someone’s mobile phone, or they risk significant fines.
4. The Fair Credit Reporting Act (FCRA) regulates how consumer credit information can be accessed and used. Skip tracers must have a “permissible purpose,” such as debt collection or employment background checks, to access credit reports legally.

Keep in mind that state laws vary and may be stricter than federal regulations. For example, California has strong consumer privacy protections under the California Consumer Privacy Act (CCPA). On the other hand, Texas imposes additional licensing requirements for private investigators involved in skip tracing.

Who Can Legally Perform Skip Tracing?

Anyone who has a lawful reason to locate someone can do skip tracing. It can be an individual or a professional. What matters is that they have an eligible purpose, use only legal methods to collect and analyze data, and must comply with all applicable federal and state laws.

For example, debt collectors and collection agencies use skip tracing to locate individuals who have defaulted on loans or unpaid bills. However, they must follow the FDCPA. Licensed private investigators frequently perform skip tracing for legal, insurance, or personal reasons.

Attorneys and legal professionals may also use skip tracing to locate witnesses, defendants, or individuals involved in lawsuits or legal proceedings. Additionally, employers and landlords, in some cases, may use skip tracing as part of background checks or to find former employees or tenants, as long as they comply with the Fair Credit Reporting Act (FCRA).

Bail bondsmen and bounty hunters use skip tracing to find individuals who have skipped bail or missed court appearances. Real estate investors and agents may use skip tracing to find property owners, heirs, or absentee landlords when dealing with distressed or vacant properties.

But although anyone can technically perform skip tracing using public information, licensed professionals and those with legal standing have broader access to databases and records that may otherwise pose limited access to the public. They are also more likely to comply with legal and ethical standards.

Licensing and Certification Requirements for Skip Tracing

There is no universal license specifically for skip tracing. However, depending on the type and location of the skip tracing, licensing or certification may be required, especially if it is part of private investigation or debt collection work.

In most states, skip tracers working as or for private investigators must hold a private investigator (PI) license. These licenses often require background checks, fingerprinting, and documented experience or education.

If the skip tracing is part of debt collection, the person or agency may need to be licensed as a debt collector. For example, California’s Debt Collection Licensing Act requires debt collectors to be licensed by the state Department of Financial Protection and Innovation (DFPI).

Beyond the licensing, some skip tracers go for professional certifications to boost their credibility. For instance, the National Association of Professional Process Servers (NAPPS) offers resources and networking on skip tracing for process servers.

Legal vs. Illegal Skip Tracing Techniques

In skip tracing, how you gather information matters as much as the purpose of the skip tracing efforts. That’s why it’s important to identify and understand the tools and methods that are legally accepted, as well as those considered legal. That way, you can avoid legal repercussions that come with violating privacy laws and general data protection regulations.

LEGAL skip tracing methods include the following:

• Searching public records like court filings, property ownership, or marriage licenses for up-to-date information
• Reviewing social media platforms and profiles and online activity
• Using public or specialized databases or commercial tools that follow the applicable legal frameworks.
• Accessing professional licenses, business registrations, utility bills, phone records, voter records, and other digital footprints.
• Contacting known relatives, neighbors, or employers to ask about a person’s whereabouts without harassment

ILLEGAL skip tracing methods include the following:

• Pretexting, which means pretending to be someone else, like a relative, employer, or the person themselves, to obtain private info
• Accessing private credit reports or financial accounts without authorization
• Hacking into email, phone, or social media accounts
• Hacking or misusing government databases
• Using robocalls or autodialers in violation of the TCPA
• Engaging in harassment, threats, or intimidation when contacting others for information

Gray Areas

In skip tracing, “gray areas” refer to methods or practices that are not clearly legal or illegal. Just because a skip tracing technique isn’t explicitly prohibited doesn’t mean you can always use it safely. When dealing with these types of practices, it’s important to apply caution, consider the intent, and understand applicable laws. Common gray areas in skip tracing include:

• Using data broker services that claim to offer lawful access to personal info
• Searching through online “people finder” websites, which may contain outdated or unverified data and unclear opt-out procedures
• Contacting third parties repeatedly for information
• Accessing old or cached web pages with once-public personal info. Legal status can depend on how that data was originally obtained.

Is Skip Tracing Ethical?

In most cases, skip tracers do not obtain direct consent from the person they’re trying to locate. That means the person is unaware that someone is searching for them, or that their personal data is collected without clear consent. This raises ethical considerations and questions, especially if the person is avoiding contact for safety or personal reasons.

Yes, skip tracing is ethical, but only when it respects privacy, follows the law, and is done for a legitimate purpose. Since the law sets the minimum requirements, ethical skip tracing helps ensure that skip tracing serves the public interest without violating individual rights.

Best Practices for Ethical Skip Tracing

To be sure your skip tracing process is ethical, you should make sure you have a legitimate, lawful reason for conducting the search. Secondly, use only legal and publicly available sources of information.

Moreover, avoid deceptive tactics, harassment, or pressure on third parties for information. It’s also helpful to document the process to ensure transparency and accountability. Additionally, protect the data you collect; do not expose or misuse people’s personal details.

What Happens if Skip Tracing Is Done Illegally

Doing skip tracing wrongly can result in serious legal and financial consequences. If a skip tracer takes unlawful actions, the affected person can sue for damages such as compensation for emotional distress, legal fees, and punitive damages.

Secondly, government agencies like the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB) can issue fines or sanctions for unlawful data access or deceptive practices. For example, violating the TCPA could result in fines of up to $1,500 per illegal call or text.

In extreme cases, such as pretexting or hacking into accounts, the skip tracer could face criminal charges, which can lead to arrest, prosecution, and jail time, especially if identity theft or fraud is involved. Moreover, professional skip tracers such as private investigators, debt collectors, or bounty hunters may lose their state licenses or business credentials if found guilty of illegal skip tracing activities.

Benefits of Skip Tracing

Skip tracing offers several practical benefits in legal, financial, and personal situations. The key advantages include:

1. Locates Hard-to-Find IndividualsSkip tracing is designed to track down people who have moved, changed names, disconnected their phone numbers, or intentionally gone off the radar. It helps find individuals who don’t want to be found or who simply forgot to update their contact information.
2. Speeds Up Legal ProcessesSince legal proceedings involve timelines and deadlines, time is of the essence. For example, serving legal documents later than the deadline may attract legal consequences. Therefore, attorneys and process servers use skip tracing to locate defendants, witnesses, or parties involved in lawsuits to avoid court delays.
3. Improves Debt RecoveryDebt collectors and financial institutions engage in skip tracing to find borrowers who have defaulted or stopped responding. By locating the debtor, lenders increase their chances of collecting unpaid debts, loans, or judgments.
4. Helps Reconnect with Family or FriendsPrivate individuals sometimes use skip tracing to locate long-lost relatives, adopted family members, old friends, or other missing persons. It can be a helpful tool in sensitive personal searches, such as reuniting families or finding heirs in probate cases.
5. Supports Real Estate and Business TransactionsReal estate investors use skip tracing to find property owners, heirs of abandoned estates, or landlords who are hard to reach. Businesses may also use it to locate former employees or verify identities before entering into agreements.
6. Saves Time and EffortProfessional skip tracers have access to specialized tools and databases that aren’t available in public records. Their experience and advanced techniques for comprehensive data collection allow them to find people more quickly and accurately than someone searching on their own.

Need a Professional Skip Tracer You Can Trust?

Skip tracing is a valuable tool for locating hard-to-find individuals, whether for legal, financial, or personal reasons. But to stay legally safe, it must be done carefully, respectfully, and in full compliance with privacy regulations. Understanding the difference between legal and illegal methods helps protect everyone involved and ensures the process serves a legitimate purpose.

If you need reliable skip tracing services, On-Call Legal Process Servers can help. Our licensed private investigators use legal methods and professional tools to track down individuals efficiently and ethically. Contact us today to get started with trusted skip tracing support tailored to your needs.

FAQs

Is Skip Tracing Legal in All States?

Yes, skip tracing is legal in all states as long as it complies with federal and state privacy laws. However, some states have stricter rules or licensing requirements for certain professionals.

Can I Use Skip Tracing to Find Someone Who Owes Me Money?

Yes, you can use skip tracing to locate someone who owes you money, but you must follow laws like the FDCPA and avoid harassment or illegal contact methods.

Can Skip Tracing Be Used in Family Law or Adoption Cases?

Yes, skip tracing is often used to find parents, guardians, or relatives in family law and adoption matters. It helps courts serve legal documents or locate individuals needed for custody or parental rights cases.

What’s the Difference Between Skip Tracing and Stalking?

Skip tracing involves locating someone for a valid reason, using lawful legal services and ethical methods. On the other hand, stalking involves unwanted or threatening behavior that violates privacy and can lead to criminal charges.