FTC Probes How Retailers Use Personal Data to Set Prices
WHO:
The Guardian - Rohit Chopra, a former FTC commissioner, is head of California’s new Business and Consumer Protection Agency.
ABC News Business - The U.S. Federal Trade Commission (FTC) is seeking information from Delta Air Lines, Walmart and other companies.
NY Post - The FTC’s requests cover Walmart, Target, Uber and other companies.
WHAT:
The Guardian - The FTC cannot impose fines or regulations on the airlines named in the inquiry because its authority to police “unfair or deceptive acts or practices” excludes airlines and banks.
The Guardian - Several states have begun introducing legislation to ban surveillance pricing and electronic shelf labels that could set different prices based on shoppers’ habits and online information.
The Guardian - The inquiry follows a July 2024 Biden administration inquiry into surveillance pricing that sought information from McKinsey, JPMorgan Chase and other companies offering surveillance-pricing products.
The Guardian - The FTC reported that precise location and browser history can be used to target consumers with different prices for the same goods and services.
Fox Business - The FTC’s inquiry covers nine companies: Delta Air Lines, United Airlines, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart.
Fox Business - The FTC is examining whether prices for airline tickets, rides, food deliveries and other products or services vary among customers, and whether personal-data analysis or loyalty programs affect consumer prices and worker compensation.
Fox Business - The FTC said companies could face legal action to compel compliance if they do not provide the requested information.
Fox Business - Instacart said it “does not and will not engage in surveillance pricing,” does not use personal information to set prices and “never will.”
Fox Business - JetBlue said it does not use personal information or web browsing history to set individual fares; it said fares depend on demand and seat availability and that customers have access to the same fares on its website and mobile app.
Fox Business - Delta denied using personal data to individually price fares and said it has never used, tested or planned to use a fare product targeting customers with individualized offers based on personal data.
ABC News Business - The FTC is ordering companies to provide detailed information about their use of consumers’ data when setting prices and pay.
NY Post - The FTC is demanding data from retailers and other companies about personalized pricing.
NY Post - The FTC plans to use the information to publish a study on personalized pricing and wage-setting practices.
WHEN:
Fox Business - Each company has 45 days from receiving the FTC’s order to respond.
WHY:
NY Post - The planned study is intended to inform regulators and lawmakers about personalized pricing and wage-setting practices.
HOW:
The Guardian - Chopra said prior studies had not produced meaningful reports that led to rule-making changes.
(UPDATED October 29, 2026 16:03 UTC)
The Federal Trade Commission is seeking detailed information from nine companies, including Delta, Uber, DoorDash, Target and Walmart, to investigate whether they use personal data, loyalty programs or other practices to vary prices and worker pay. The FTC plans to use the responses to study personalized pricing and wage-setting, and companies have 45 days from receiving the order to reply or could face legal action to compel compliance. The agency’s authority to police unfair or deceptive practices does not cover airlines, while Delta, JetBlue and Instacart have denied using personal data to set individualized prices.
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(UPDATED October 29, 2026 10:02 UTC)
The Federal Trade Commission is seeking detailed information from nine companies, including Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart, about how they use consumer data to set prices and worker pay. The inquiry examines whether prices for travel, rides, food delivery and other services vary by customer, and whether personal data or loyalty programs influence those prices or compensation; the FTC says companies could face legal action if they don’t comply. The companies have 45 days to respond, and the FTC plans to use the information for a study to inform regulators and lawmakers, while Instacart, JetBlue and Delta say they don’t use personal data to set individual prices.
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(UPDATED October 28, 2026 23:04 UTC)
The Federal Trade Commission is seeking detailed information from Delta Air Lines, Walmart, Target, Uber and other companies about how they use consumer data to set prices and pay. The agency plans to study personalized pricing and wage-setting practices. The findings are intended to inform regulators and lawmakers.