FTC Seeks Comment on Personalized Pricing Policy, Warning Data-Driven Price Hikes May Break Law
Updated
Updated · Gizmodo · Aug 22
FTC Seeks Comment on Personalized Pricing Policy, Warning Data-Driven Price Hikes May Break Law
3 articles · Updated · Gizmodo · Aug 22
Summary
The FTC this week opened public comment on a draft policy saying companies may violate federal law if they use consumers’ personal data to charge higher prices without adequate disclosure.
Andrew Ferguson said the agency cannot ban personalized pricing in all cases, but it can enforce the FTC Act and other laws against firms that hide how data is used to set prices.
The move marks a shift from the Biden-era term “surveillance pricing” to the Trump FTC’s preferred “personalized pricing,” even though the Trump administration scrapped a related FTC study in 2025.
Examples fueling scrutiny include Instacart, which faced criticism in 2025 for charging some shoppers nearly 25% more for the same item, and airlines such as Delta over AI-driven pricing.
The issue has drawn bipartisan backlash: senators from both parties attacked AI surveillance pricing at an August hearing, while Consumer Reports said disclosure alone is not enough and urged outright bans.