Regulation2026-08-26

The US Federal Trade Commission published a proposed enforcement policy statement on personalized pricing, where a company sets a different price for each shopper based on personal data, and opened it for public comment. The agency says it cannot ban the practice, but firms that hide how customer data shapes prices may breach Section 5 of the FTC Act. Maryland and Connecticut have already passed restrictions.

What changed

Personalized pricing had no federal enforcement guidance, only scattered state laws.

What it unlocks

Businesses and their advisers can read the proposed enforcement position and file comments before it is finalized.

  • 23% price gap on identical groceries
  • 42% median rideshare price gap
  • two-thirds of US consumers opposed
  • 40+ state bills in 24+ states

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