FTC targets personalized pricing
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
FTC proposed policy requiring companies to disclose personalized pricing based on consumer data.
Consumers could learn why prices differ, but enforcement limits remain.
Background
The Federal Trade Commission (FTC) issued a proposed enforcement policy statement on August 19, 2026, targeting personalized pricing—when businesses use personal data to set individual prices. The policy would require clear disclosure of the practice, its basis, and the data used, under Section 5 of the FTC Act. This follows years of scrutiny, including a 2025 FTC report and state actions like California's probe.
How it unfolded
- Jan 2025FTC preliminary report found grocers and others using third-party data to individualize online prices.
- Aug 19, 2026FTC issued draft enforcement policy statement on personalized pricing, passed 2-0, seeking public comment.
- Aug 20, 2026Reuters and other outlets reported on the proposal, noting state and congressional interest.
- recentlyFTC Chairman Andrew Ferguson emphasized consumers expect same prices, not personalized estimates.
Who’s saying what
- Official
- FTC Chairman Andrew Ferguson: 'When consumers see a listed price, they expect it to be the same price that everyone else sees.'
- Analysts
- Some analysts note the FTC lacks authority to ban personalized pricing outright and focuses on disclosure.
- Public
- Grace Gedye of Consumer Reports praised the FTC action as a positive step.
- Caution
- Critics argue the policy is weak because it allows personalized pricing if disclosed, and the FTC declines to address fully disclosed unfairness.
Still unverified
The extent of current personalized pricing use is not well understood, per the FTC itself.