Overview
The Federal Communications Commission (FCC) has opened a sweeping rulemaking that could force communications providers to move some of their customer service functions back to the United States, cap offshore call-center use, require call-by-call disclosures and transfer rights, and undertake new reporting obligations. The agency also is exploring whether some of those rules could extend to Telephone Consumer Protection Act (TCPA)-covered businesses.
The FCC's March 27, 2026 Notice of Proposed Rulemaking (NPRM), available here, cites consumer frustrations with poor customer service from offshore call centers, data-security risks, and illegal robocalls from overseas to justify the proposals. This item also fits neatly within the Trump Administration's broader agenda to bring jobs back to America and counter foreign adversaries. The measures, though, would impose substantial compliance costs on communications providers; and the FCC is also considering whether to extend them to entities subject to the TCPA.
What the FCC Has Proposed
- Mandatory Onshoring for Sensitive Transactions: Interactions involving "sensitive consumer information" (e.g., credit card numbers, bank account info, Social Security numbers, and password resets) would need to be handled exclusively by US-based representatives.
- Offshore Volume Caps: The Commission also proposes a cap on the percentage of customer service calls that may be handled offshore. The specific proposed cap (30%), however, is not fixed in the NPRM and is subject to comment.
- Prohibition on "Foreign Adversary" Nations: The Commission also would prohibit use of call centers located in "foreign adversary" nations (as defined by 15 C.F.R. §§ 791.2 and 791.4). This includes, for example, China, Cuba, and Russia.
- English-language Proficiency: Offshore call center staff would need to be proficient in "American Standard English." The FCC frames this to include an "appreciation of the consumer's cultural expectations," and an understanding of idioms and tone. The NPRM seeks comments on how to measure and audit this standard, which could present compliance challenges. This subjective standard would be difficult to audit and creates a significant compliance risk for international support teams. The NPRM also suggests that even agents handling non-English customer interactions still may need English proficiency because account records and scripts may be in English.
- Mandatory "Right to Transfer": Companies would need to disclose at the beginning of each call that the customer has a right to be transferred to a US-based representative. Furthermore, the wait time for that transfer cannot exceed the wait time for a customer who was routed domestically in the first place.
- Broadband Label Disclosure: The Commission also proposes to use the broadband transparency/consumer label framework as a point-of-sale disclosure vehicle to require public disclosure of the percentage of customer service calls handled by US-based representatives.
- Tracking, Reporting, and Complaints: Companies would be required to track and report compliance metrics, including information about English proficiency, call routing, transfers, wait times, and dropped calls. The Commission also proposes to create mechanisms within its informal complaint system to track call-center and customer service complaints more efficiently.
- Foreign-Traffic Fees and Bonds: The NPRM also seeks comment on fees or bonding requirements for unlawful foreign-originated traffic, adding another potential compliance and enforcement lever.
- TCPA Expansion: The Commission currently plans to apply these rules to telecommunications carriers, wireless providers, interconnected VoIP providers, cable operators, satellite providers, and their affiliated broadband offerings. But it is also seeking comment on whether the agency can apply these requirements to communications and solicitations covered by the TCPA, potentially bringing in thousands of more companies under the rule's coverage. Notably, the FCC also asks whether a company subject to the TCPA could be held vicariously liable for violations of these proposed rules by an authorized foreign call center.
What It Means
The FCC's proposals would require significant changes to longstanding offshore customer service models. Companies may need to hire more domestic agents, revisit offshore vendor contracts, redesign workflows and QA/testing, and prepare for more complaint handling. Caps on offshore call volume, mandatory transfer rights, sensitive-data restrictions, and English-language requirements would put pressure on nearly every part of the customer service function. In short, the entire customer service experience may need to be rethought.
The proposed disclosure and reporting standards also would require extensive tracking of metrics. Customer complaints to the FCC could require substantial resources to address.
Additionally, even though the headline item is about call centers, the Commission also seeks comment on applying these rules to emails, texts, and online chats. In particular, the restriction on sensitive information could apply to emails, texts, and online chats as well.
Finally, if the FCC extends these rules to TCPA-covered entities, the proceeding could become a vehicle for broader regulation of businesses far beyond the traditional communications-provider space.
What's Next
Comments are due thirty days after publication in the Federal Register, with reply comments due sixty days after publication. In general, Federal Register publication normally takes a month, but it can vary. We are closely monitoring this proceeding and stand ready to assist with impact assessments and drafting comments to support your position.
