Regulation2026-08-19
The US Federal Trade Commission published a proposed enforcement policy statement on personalised pricing, where a company sets a price using a shopper's personal data and its estimate of what that person will pay, and opened it for public comment. The agency said it cannot ban the practice outright, but firms that do not disclose how customer data shapes prices may breach Section 5 of the FTC Act. Maryland and Connecticut have already passed state restrictions.
What changed
The FTC had no published enforcement position on pricing set from personal data.
What it unlocks
Reviewing personalised pricing practices and disclosures against a stated federal enforcement position, and filing comment on it.
- 23% price gap on identical grocery item
- 42% median rideshare price gap
- 40+ state bills in 2 dozen states
- two-thirds of US consumers opposed
What you need to act on it
- selling to US consumers
Sources