FTC Launches Personalized Pricing Study Into Nine Major Companies

📅 30 October 2026 • US Federal Trade Commission • FTC Launches Personalized Pricing Study Into Nine Major Companies

On October 28, 2026, the US Federal Trade Commission announced it ordered nine major companies to provide detailed information for a study of algorithmic, individualized pricing: Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart. The orders went out under Section 6(b) of the FTC Act, and the Commission voted 2-0 to approve them.

What the orders cover

The agency wants to assess whether the price of a ticket, ride, delivery or other product varies from person to person based on factors such as participation in loyalty programs or analysis of personal data by algorithms. It also covers gig-worker compensation: whether ride-hailing and delivery platforms adjust pay using personal data such as a driver's phone usage or acceptance history for past offers. Companies must document the inputs, tools and procedures used to set pricing and compensation.

A study, not an enforcement action

This is a study, not an enforcement action. Section 6(b) lets the FTC conduct wide-ranging studies that do not have a specific law-enforcement purpose, and receiving an order does not establish wrongdoing. If a company fails to provide the required information, the Commission can compel compliance in federal court. Each recipient has 45 days from receipt to respond.

Context and company responses

The release says the study corrects a mistaken 2024 approach, when the Commission examined middleman consultancies rather than the businesses setting prices and, in its words, learned nothing about actual pricing decisions. Legal analyses place this fact-finding alongside the August 2026 proposed enforcement policy statement on personalized pricing and the April 2026 advance notice of proposed rulemaking on food-delivery fees, which asked whether platforms disclose personalized pricing, groundwork that could inform future surveillance-pricing rulemaking.

Several recipients publicly denied individualized pricing. Delta said no fare product has ever targeted customers with offers based on personal data. JetBlue said it does not use personal information or web-browsing history to set individual prices. Instacart said it does not and will not engage in surveillance pricing. Walmart and Target have also stated they do not use personal information to set prices.

IMPACT
• The nine recipients face a hard 45-day deadline from receipt of orders, which requires coordination across legal, pricing, data and operations teams.
• Compensation and pricing teams at platforms must document the inputs, tools and procedures behind pay and price setting, including personal-data signals such as phone usage and offer-acceptance history.
• Operators of loyalty programs should expect questions on whether membership data feeds pricing systems.
• Undisclosed personalized pricing carries parallel risk: the August 2026 proposed policy statement would treat it as potentially violating FTC Act Section 5, and non-response to orders can be compelled in federal court.
• Study results will inform regulators and lawmakers, while legislators in at least 30 states considered pricing-related bills in 2026, according to the National Conference of State Legislatures.

Sources: https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-launches-personalized-pricing-compensation-inquiry, https://apnews.com/article/prices-personal-data-walmart-doordash-delta-uber-19c634a5205557ebe0af99ec5c3a729a, https://www.cnbc.com/2026/10/28/ftc-walmart-uber-target-data-personalized-pricing.html, https://news.bloomberglaw.com/business-and-practice/ftc-orders-nine-firms-to-give-data-on-personalized-pricing, https://therecord.media/ftc-rideshare-airlines-data

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