FCC Advances New Rules for Offshore Call Centers

Greenberg Traurig | The U.S. Federal Communications Commission (FCC) voted to adopt a Notice of Proposed Rulemaking (NPRM) (FCC 26-16) addressing the widespread use of offshore call centers by U.S. communications providers.

The proceeding opens a formal 30-day comment period from publication in the Federal Register and lays the groundwork for binding rules that could fundamentally reshape how telecommunications companies operate their customer service infrastructure.

FCC Proposal

The NPRM seeks comment on the following measures:

• Reshoring Incentives: Mechanisms to encourage and facilitate the return of call center jobs to the United States.
• Consumer Transfer Rights: Requiring affected providers to allow consumers, upon request, to transfer their call to a U.S.-based representative, and requiring calls involving confidential information to be handled domestically.
• Location Disclosure: Requiring providers to disclose the geographic location of the call center at the beginning of each interaction, as well as the general extent of their use of U.S.-based call centers.
• English Proficiency Standards: Requiring call center workers serving U.S. customers to demonstrate proficiency in standard American English and to be properly trained to address the needs of U.S. consumers.
• Financial Deterrence Measures Against Robocall Fraud: Imposing fees on offshore call centers to financially discourage the facilitation of unlawful robocall campaigns targeting U.S. consumers.

The scope of the NPRM is limited to communications providers regulated by the FCC, a sector whose providers consistently rank near the bottom of consumer satisfaction surveys.

No final rules have been adopted. The proceeding remains open for public comment, and the FCC has expressly invited views on the extent of its legal authority to implement each of these measures. Regulated entities should review their current offshore arrangements and consider participating in the comment process.

gtlaw.com