FTC seeks public comment on draft personalized pricing policy

By Atlas Watchline Staff · Regulatory · August 19, 2026

The Federal Trade Commission is asking for public comment on a draft policy statement that says undisclosed personalized pricing may violate federal law.

The Federal Trade Commission said Tuesday it is seeking public comment on a draft enforcement policy statement on personalized pricing, a practice the agency describes as using personal data to set prices based on how much a company believes an individual consumer is willing to spend.

The commission said undisclosed personalized pricing may violate the FTC Act and other laws it enforces. It said consumers generally expect posted prices to be the same for everyone, and that retailers can run afoul of the law if they imply a price is fixed when it changes by shopper.

The draft statement does not seek to ban personalized pricing in every case, according to the FTC. But it says companies that use personal data to set prices, or are considering doing so, are on notice that the agency will enforce the law in this area.

The commission said the practice can raise concerns when companies do not disclose the collection or use of personal data tied to pricing. In that case, the FTC said, the conduct could amount to an unfair or deceptive practice under the FTC Act.

The statement also says consumers may expect prices to move with supply and demand, not with web browsing habits or buying history. The agency said some consumers might try to avoid higher personalized prices by using a VPN, opening a private browsing session or avoiding retailers that use the practice.

The FTC said the Federal Register notice was authorized by a 2-0 commission vote. Once the notice is published in the Federal Register, the public will have 30 days to submit comments electronically.

The release places the action in the context of the Trump-Vance FTC and says it follows a series of commission actions under President Donald Trump’s leadership against hidden fees and surprise charges.

FTC Chairman Andrew Ferguson said consumers expect listed prices to be the same for everyone. He said businesses that do not tell consumers how personal data is used to set prices may be violating the FTC Act and other laws the commission enforces.

The FTC said the draft statement will be open for comment after publication in the Federal Register.

Sources

• FTC press release on personalized pricing policy statement

Editorial note: This article was prepared with AI assistance and includes source attribution for reader review.

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