WASHINGTON— The National Creditors Bar Association is pushing back on the Federal Communications Commission’s plan to require some offshore call center workers to speak “American Standard English,” arguing the agency is reaching beyond its legal authority by trying to regulate foreign employees rather than the U.S. companies that hire them.
In comments highlighted by Law360, the trade group said the FCC “doesn’t have the authority to place rules on foreign call center agents,” contending the proposal improperly targets workers outside the United States.
The dispute comes as the FCC advances a sweeping rulemaking aimed at foreign call centers used by telecom, wireless, cable and related providers. At its March 26 open meeting, the commission voted to seek comment on proposals that would require overseas call takers to be proficient in “American Standard English,” cap the percentage of customer-service calls handled offshore, require disclosure when a call is routed abroad, and give consumers the right to request a U.S.-based representative. FCC Chairman Brendan Carr said the agency is trying to improve customer service, protect consumer data and curb foreign-based scam activity.
The FCC’s draft notice frames the proposal as a response to what it says are persistent language barriers, privacy risks and fraud concerns tied to offshore operations. A March 5 FCC fact sheet said foreign call-center staff may lack proficiency in “American Standard English” or use regional pronunciations and vocabulary that make interactions difficult for U.S. consumers, while the March 26 proposal also explores whether certain sensitive transactions—such as those involving passwords, bank-account or credit-card information—should be handled only by U.S.-based centers. The commission is also asking whether some requirements should extend beyond voice calls to texts, email and online chat.
Industry opposition is likely to intensify as the rulemaking proceeds, with legal analysts already warning the FCC is testing the outer edge of its authority under the Telephone Consumer Protection Act and related communications statutes. While the National Creditors Bar Association argues the commission cannot directly police foreign workers, the FCC appears to be structuring the proposal to impose compliance obligations on covered U.S. providers and their vendors instead. The agency unanimously advanced the item for public comment, setting up what could become a broader fight over whether the FCC can use telecom regulation to pressure companies to onshore customer-service jobs, Eversheds-Sutherland noted.