FTC Personalized Pricing: Can You Explain Why a Price Changed?
The FTC’s proposed enforcement statement explains how Section 5 may apply when personal data shapes consumer prices—and why disclosure alone may not resolve every concern.
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TL;DR:
The FTC’s proposed personalized-pricing statement focuses on whether businesses can disclose when personal data affects a price, why it does, and what data is involved. It also leaves unresolved whether full disclosure addresses every potential Section 5 concern.
The FTC’s proposed personalized-pricing statement focuses on whether businesses can disclose when personal data affects a price, why it does, and what data is involved. It also leaves unresolved whether full disclosure addresses every potential Section 5 concern.
What you need to know
- The change: The FTC has proposed a nonbinding enforcement policy statement explaining how it may apply existing consumer-protection law to personalized pricing.
- Who is affected: Businesses using personal data to personalize prices in circumstances where consumers reasonably expect prices not to vary based on that data.
- Why it matters: The FTC’s proposed approach looks beyond whether personalization is disclosed at all; it also identifies the basis for personalization and the types of data used as relevant information.
- What to do first: Determine whether current pricing practices use personal data to personalize prices and whether the business can accurately describe how that personalization works.
- Key date: Comments are due September 18, 2026. (ftc.gov)
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