FTC Seeks Comment on Personalized Pricing Enforcement Policy
Key Takeaways
- 01The FTC is seeking comment on an enforcement policy statement concerning personalized prices based on personal data.
- 02The agency warns that undisclosed collection or use of data to set individualized prices may violate the FTC Act.
- 03Companies using data-driven pricing should review disclosures and internal controls governing the data used in pricing decisions.
- 04The FTC’s action indicates increased enforcement attention to personalized pricing practices.
The Federal Trade Commission (FTC) is seeking public comment on a proposed enforcement policy statement addressing personalized pricing—prices tailored to an individual using personal data.
The agency’s stated concern is that companies may collect or use consumer data to set individualized prices without adequately disclosing those practices. The FTC warns that such conduct may violate the FTC Act, which prohibits unfair or deceptive acts or practices.
Businesses that use personal data in pricing systems, including retailers, platforms, and data-driven service providers, should assess whether their privacy notices and consumer-facing disclosures clearly explain relevant data collection and pricing practices. They should also consider whether consumers could reasonably understand when data affects the prices they see.
The item was published on August 19, 2026. The FTC’s request signals potential future enforcement scrutiny, although the final scope and content of any policy statement will depend on the comments and subsequent agency action.