Quick Answer
On March 26, 2026, the FCC adopted a Notice of Proposed Rulemaking proposing five sweeping restrictions on offshore call centers serving US consumers: English proficiency standards, offshore volume caps, mandatory disclosure that calls are handled abroad, a consumer right to transfer to a US-based representative, and limits on offshore handling of sensitive consumer data. The rule, if adopted, would target telecom, VoIP, CMRS, cable, and DBS providers and their affiliates. It is a proposal, not yet law. Buyers should treat it as a strong forward signal and start modeling nearshore migration now.
The FCC has been signaling concern about offshore call centers for years. On March 26, 2026, that concern turned into a concrete rulemaking proposal. The Commission adopted a Notice of Proposed Rulemaking (NPRM) that, if finalized, would change how telecom providers and their contractors handle US consumer calls outside the United States. The legal community has been quick to flag the scope. Davis Wright Tremaine, Holland and Hart, Steptoe, and Brownstein Hyatt Farber Schreck have all published early summaries (linked below) describing the same five core requirements.
For US operations leaders and compliance teams, this is the most material regulatory shift in offshore customer service since TCPA. It is also a meaningful tailwind for nearshore providers in the Caribbean and Latin America. This guide breaks down what was actually proposed, who it covers, what changes for buyers in regulated industries, and the 90-day playbook for getting ahead of the rule rather than reacting to it. If you are still scoping the basic offshore versus nearshore tradeoff, start with our guides on nearshore vs. offshore vs. onshore outsourcing and the broader nearshore call center playbook.
What the FCC Proposed (and When)
On March 26, 2026, the FCC adopted a Notice of Proposed Rulemaking targeting offshore call centers operated by, or under contract to, telecom carriers, interconnected VoIP providers, CMRS providers, and cable and DBS operators. An NPRM is a proposal. It is not a final rule and does not impose immediate compliance obligations.
The proceeding is structured as a classic FCC rulemaking. The agency adopted the NPRM, opened a public comment window, and is now collecting input from carriers, BPO providers, consumer advocates, and labor groups. After the comment period closes, FCC staff will draft a Report and Order that may adopt the rules as proposed, modify them, or pull back. Final adoption typically happens months after the comment window. A separate compliance effective date follows that.
The scope is narrower than headlines suggest, but wider in practice. As proposed, the rule covers:
- Telecommunications carriers (wireline voice providers)
- Interconnected VoIP providers (consumer VoIP that connects to the PSTN)
- Commercial mobile radio service (CMRS) providers (mobile carriers)
- Cable and DBS operators
- Affiliates and contractors handling customer support on behalf of the above
The contractor language is the part that ripples outward. Any BPO operating offshore on behalf of a covered carrier is in scope. Any covered carrier deciding it does not want to police its BPO chain may simply require domestic or nearshore handling as a contractual term. That decision then propagates downstream to the BPOs and to any sub-vendors.
What the NPRM is responding to
The agency framed the proposal around three concerns: consumer transparency (callers do not know where their data goes), data security (offshore handling of sensitive personal information), and quality of service (language and comprehension complaints in regulated industries). Foreign robocall enforcement gaps were also part of the broader docket the agency addressed at the same meeting.
The 5 Proposed Requirements That Matter Most
The proposal contemplates five operational requirements: measurable English proficiency standards, caps on the share of customer calls handled offshore, mandatory disclosure that a call is being handled outside the US, a consumer right to transfer to a US-based representative on request, and routing restrictions on sensitive consumer data.
1. English Proficiency Standards
The proposal contemplates objective, measurable English proficiency thresholds for offshore agents serving US consumers. The FCC has not pinned a specific test or score in the NPRM. In practice, providers would need a documented language assessment program, ongoing performance monitoring, and remediation paths for agents who fall below the bar. For nearshore providers built on native English speakers in countries like Jamaica and Trinidad, this requirement is met as a baseline.
2. Offshore Volume Caps
The NPRM raises the possibility of caps on the percentage of consumer calls a covered provider may route offshore. Specific thresholds would be set in the final rule or follow-up proceedings. Even without a hard percentage, the directional message is clear: regulators want to see meaningful US or nearshore handling of US consumer calls. For buyers running 80 to 100 percent offshore models today, that is a structural change that takes months to plan.
3. Mandatory Disclosure of Offshore Handling
If adopted, the rule would require providers to disclose to callers when their call is being handled outside the United States. The exact disclosure script and trigger conditions are open in the NPRM. The most likely shape is a brief at-the-start-of-call notification, similar in form to existing call recording disclosures. Expect operational impact on average handle time, call flow design, and customer experience metrics during the first 90 days post-adoption.
4. Consumer Right to Transfer to a US-Based Representative
The proposal contemplates giving consumers a right to ask for a US-based agent and have the call transferred. This is the requirement with the largest staffing implication. A provider running offshore-only voice operations would need a domestic or nearshore tier capable of absorbing transfer demand. Even at modest opt-in rates, that demand is non-trivial and changes capacity planning. Caribbean nearshore agents in EST often satisfy buyer expectations for "US-based" feel from a customer experience standpoint, though the rule, as proposed, references US-based specifically.
5. Restrictions on Offshore Handling of Sensitive Consumer Data
The NPRM signals new limits on offshore handling of sensitive consumer data, particularly customer proprietary network information (CPNI), payment information, and other categories already subject to heightened protection. For carriers, this layers on top of existing CPNI rules. For non-carrier industries with similar sensitivities such as healthcare and financial services, the FCC framework will likely become a reference point for sector-specific rulemaking. Our call center compliance checklist covers the broader compliance stack that this requirement plugs into.
How the five interact
The five requirements compound. A provider that is offshore-heavy faces English proficiency testing, volume caps, disclosure scripting, transfer infrastructure, and data routing limits at the same time. Each one is solvable in isolation. Stacking them is what pushes total cost of compliance high enough that nearshore migration becomes the cheaper path.
Industries Most Exposed
Telecom, cable and DBS, and CMRS providers are directly named in the NPRM. Financial services, healthcare, and insurance face indirect but rapid spillover because their existing sector regulators already restrict offshore handling of sensitive data, and the FCC framework will become a reference standard.
| Industry | Exposure | Why |
|---|---|---|
| Telecom / Wireline | Direct | Named in scope; CPNI already restricted |
| Wireless / CMRS | Direct | Named in scope; high consumer call volume |
| Cable / DBS | Direct | Named in scope; bundled voice services |
| VoIP | Direct | Interconnected VoIP named in scope |
| Financial Services | High indirect | GLBA, state AG scrutiny; FCC framework becomes reference |
| Healthcare | High indirect | HIPAA already layered; PHI routing concerns |
| Insurance | High indirect | State licensing; sensitive policyholder data |
Healthcare and the HIPAA overlay
HIPAA already governs offshore handling of protected health information, but enforcement focuses on whether a Business Associate Agreement is in place and whether technical safeguards meet the Security Rule. A new FCC framework around offshore voice would not replace HIPAA. It would add a second layer with its own consumer disclosure, transfer, and data routing requirements when the underlying provider is in FCC scope. Our Medicare and broader HIPAA-compliant outsourcing guides cover the existing healthcare layer.
Insurance and financial services
Carriers and brokers in insurance, banks, fintech, and lenders are not directly named, but their customer data overlaps heavily with the categories the FCC is restricting. State insurance regulators and state AGs have shown a clear willingness to follow federal lead. Compliance teams should expect questions about offshore exposure in the next round of audits regardless of whether the FCC final rule has dropped.
Why Nearshore Is the Obvious Answer
Nearshore Caribbean and Latin American providers solve four of the five proposed requirements without operational redesign. Native English clears the proficiency bar. EST time zones make transfer-to-US-rep practical. Disclosure scripts are simpler when handling is geographically and culturally proximate. Cost is comparable to nearshore today, often within 10 to 20 percent of offshore total cost of ownership once attrition and rework are included.
The math has been moving in this direction for two years. Nearshore Caribbean rates run $12 to $18 per hour for dedicated agents. Offshore rates in the Philippines and India run $6 to $14 per hour. The gap looks large on paper. Once you include attrition, training reload, English remediation, supervisor overhead, and timezone-driven rework, the real total cost is much closer than the headline rate suggests. Add a new compliance layer for offshore specifically, and the gap closes further. Our call center outsourcing cost guide has the full breakdown.
What nearshore solves automatically
- English proficiency: Jamaica, Trinidad and Tobago, and Guyana are native English. Colombia is bilingual with strong English programs. No remediation framework required.
- Time zone overlap: Caribbean operations sit in EST or AST. Real-time transfers to US-based escalation tiers are operationally clean. No overnight shift premium.
- Cultural and linguistic proximity: Caribbean agents grew up on US media, US sports, and US consumer culture. Disclosure scripts feel natural rather than jarring.
- Faster regulatory adaptation: Smaller teams in proximate time zones absorb new compliance scripts and training in days, not weeks.
What nearshore does not automatically solve
The proposal defines offshore as outside the United States. On a strict textual reading, Caribbean and LatAm operations are technically offshore, even though industry usage treats them as nearshore. Buyers should watch the comment process and final rule language closely. A nearshore carve-out is a real possibility given the agency's stated concerns center on language, time zones, and cultural distance, all of which nearshore solves. Even without an explicit carve-out, the operational delta between meeting the rule from Jamaica versus from Manila is enormous. For a fuller comparison of locations, see the best nearshore call center companies.
What Buyers Should Do in the Next 90 Days
Run a five-step plan: audit current offshore exposure, model nearshore migration cost, draft disclosure language, identify nearshore vendors, and run a small pilot. None of these require waiting for the final rule. All of them de-risk the buyer regardless of how the FCC outcome lands.
Step 1: Audit Current Offshore Exposure (Weeks 1 to 2)
Pull your contact volume by location. Map every customer-facing voice queue against agent location. Identify which queues touch sensitive data categories (CPNI, PHI, PCI, account credentials). Tag each queue as offshore-only, hybrid, or domestic. The output is a single-page exposure map. Most operations leaders learn something during this exercise. The most common surprise is undocumented sub-vendor offshore exposure that the prime BPO never disclosed.
Step 2: Model the Nearshore Migration (Weeks 2 to 4)
Build a simple cost model comparing your current offshore stack to a nearshore equivalent. Include hourly rate, attrition replacement cost, ramp time, and the loaded compliance overhead a final FCC rule would add. The model usually shows nearshore total cost within 10 to 20 percent of offshore once compliance overhead is factored in. Use our cost calculator as a starting point.
Step 3: Draft Disclosure Language (Weeks 3 to 5)
Even before the rule is final, draft the disclosure scripts you would deploy. Run them past legal and CX. Time the script in test calls and measure handle time impact. Doing this work now means you can deploy in days, not months, when the final rule lands. It also creates a forcing function for the conversation with current offshore vendors.
Step 4: Identify Nearshore Vendors (Weeks 4 to 8)
Build a shortlist of three to five nearshore providers across Jamaica, Trinidad, Guyana, and Colombia. Evaluate on team scale, hiring pipeline depth, compliance posture, technology stack, and reference customers. Run NDA-protected security reviews on the top two. Our RFP template covers the questions that matter most.
Step 5: Run a Small Pilot (Weeks 8 to 12)
Stand up a small nearshore pilot, typically 5 to 15 agents, on one queue. The pilot does two things at once. It pressure-tests the vendor on real volume, and it builds the operational muscle memory your team will need for a larger migration if and when the final rule pushes you there. A pilot run in Q2 of 2026 puts you 6 to 9 months ahead of buyers who wait for the final rule before starting to look.
How CFG Fits
Call Force Global is a Toronto-headquartered nearshore BPO with operations in Jamaica, Trinidad and Tobago, and Colombia. We deliver native English agents in US time zones at 40 to 60 percent cost savings versus US onshore. For buyers planning around the FCC proposal, our footprint solves the language, time zone, and cultural proximity tests by default.
CFG was founded in 2025 as a remote-first nearshore operator. Our agent base is concentrated in the English-speaking Caribbean (Jamaica, Trinidad and Tobago, Guyana) with bilingual capacity in Colombia. Average rates run $12 to $18 per hour for dedicated agents, depending on role complexity and program scale. We work with US and Canadian buyers across insurance, healthcare and Medicare, financial services, SaaS, and home services.
For buyers running through the 90-day playbook above, the nearshore tier is the part that takes the longest to set up. We typically move from contract signature to live pilot agents in 3 to 5 weeks, with full programs going live in 8 to 12 weeks. Reach out via the contact link below if you want to model a specific migration, walk through a pilot scope, or get a second opinion on your current offshore exposure.
What We Don't Know Yet
Three things are still unsettled: the specific compliance thresholds in the final rule, whether nearshore receives a formal carve-out, and the timeline from final rule adoption to compliance effective date. Buyers should plan to a base case where the rule lands roughly as proposed, with implementation 6 to 18 months after final adoption.
The comment period
FCC NPRMs typically run 30 to 90 day initial comment windows followed by reply comment periods. Industry, labor, and consumer groups will all file. BPO trade associations are likely to push for nearshore carve-outs. Telecom carriers are likely to push for narrower scope. Consumer advocates are likely to push for stricter caps. The final rule will reflect that pushpull.
Possible exemptions
The NPRM contemplates exemptions but does not finalize them. Likely candidates include small carrier exemptions, tier-1 informational call exemptions where no sensitive data is exchanged, and possible language carve-outs for non-English consumer support. Whether nearshore Caribbean and LatAm operations get a separate treatment is the most consequential open question for our segment of the market.
Timeline to a final rule
Best case for adoption is roughly 9 to 12 months after the comment window closes. Compliance effective dates typically follow 6 to 12 months later. Realistic planning horizon for full effect is therefore 18 to 24 months from the March 26, 2026 NPRM date. That is a long enough runway to plan a thoughtful migration. It is short enough that buyers who wait will be running the migration under deadline pressure rather than on their own schedule.
Sources
The legal community published quick analyses of the NPRM. Buyers and compliance teams should consult their own counsel, but these public summaries are useful starting points:
- Davis Wright Tremaine: FCC Proposes Limits on Offshore Call Centers
- Holland and Hart (HWG): The FCC Proposes Sweeping Restrictions on Offshore Call Centers
- Steptoe: Press 1 for America - FCC Proposes Restrictions and Compliance Requirements for Offshore Call Center Customer Support
- Brownstein Hyatt Farber Schreck: FCC Moves to Address Offshore Call Centers and Foreign Robocalls
Frequently Asked Questions
When does the FCC offshore call center rule take effect?
The FCC adopted a Notice of Proposed Rulemaking on March 26, 2026. An NPRM is a proposal, not a final rule. The agency is collecting public comment, and a final rule, if adopted, would be released months later with its own compliance effective date. Buyers should treat the proposed framework as a strong forward signal but not a current legal requirement.
Does the FCC rule apply to all call centers or just telecom providers?
As proposed, the rule applies to telecommunications carriers, interconnected VoIP providers, commercial mobile radio service (CMRS) providers, and cable and DBS operators, plus their affiliates and contractors handling customer support on their behalf. It does not directly regulate every US business that outsources customer service. However, downstream contracting effects, sector-specific overlays in healthcare and financial services, and broader buyer expectations are likely to push compliance pressure beyond the named entities.
Is the Caribbean considered offshore under the proposed rule?
The proposed rule defines offshore as call centers located outside the United States. On a strict reading, Caribbean countries such as Jamaica and Trinidad and Tobago are technically outside the US. In practice, industry usage almost always treats the Caribbean as nearshore because of EST time zone alignment, native English language, and cultural proximity to US consumers. Buyers should watch the final rule text closely for any nearshore carve-out or exemption language.
What does English proficiency standards mean in practice?
The proposal contemplates measurable agent English proficiency thresholds, training documentation, and accent or comprehension testing. The exact metric has not been set. In practice, providers would need a documented language assessment program, ongoing performance monitoring, and remediation paths. Caribbean nearshore providers built on native English speakers typically clear this bar without operational changes.
Are nearshore call centers exempt from the FCC proposed rule?
Not on the face of the current proposal. The NPRM defines the regulated zone as outside the United States, which would include nearshore Caribbean and Latin American countries. That said, several requirements such as English proficiency, transfer-to-US-rep rights, and consumer disclosure are easier to meet from a nearshore footprint than from a distant offshore one. Comments filed during the rulemaking are likely to argue for nearshore distinctions. Final rule language will determine the exact treatment.
How quickly can a US company migrate from offshore to nearshore?
A typical nearshore migration takes 8 to 14 weeks end to end. The phases are vendor selection (2 to 3 weeks), contracting and security review (2 to 3 weeks), agent hiring and training (3 to 5 weeks), and parallel run plus cutover (1 to 3 weeks). Smaller programs of 5 to 15 agents can move faster. Larger programs of 100 plus agents typically run a phased cutover by queue or by region to reduce customer experience risk.
What if the FCC rule never gets adopted?
Even if the final rule is delayed, narrowed, or never adopted, the underlying buyer pressure remains. Sector regulators in healthcare, financial services, and insurance continue to tighten data routing rules. State legislatures have introduced their own offshore disclosure bills. Enterprise procurement and risk teams are independently moving away from offshore voice for sensitive workloads. Nearshore migration plans built now retain value regardless of the federal outcome.
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Get Ahead of the FCC Rule with Nearshore
Native English agents in Jamaica, Trinidad, and Colombia. Same US time zones, 40 to 60 percent cost savings vs. US onshore, and a footprint that already meets the proposed English and proximity requirements. Visit our contact page to start a migration scoping conversation.