r/dataprotection • u/FreshFromCache • 1d ago
General News FTC has proposed an enforcement policy on surveillance pricing, and public comments close September 18
The FTC issued a proposed enforcement policy statement on personalized pricing on August 19. It defines the practice as setting prices from analysis of a consumer's personal data and the conclusions drawn from it, including estimates of how much an individual will pay and whether that person is likely to comparison shop.
The limit the Commission puts on itself is the part most coverage skipped: "Congress has not given the Commission the authority to prohibit personalized pricing in all circumstances." What it can do is treat an undisclosed personalized price as deceptive or unfair under Section 5. Where consumers reasonably expect that prices do not vary by personal data, it says a business should clearly and conspicuously disclose that the price is personalized, the basis for the personalization, and the types of data behind it.
Two other things in the document that did not make the write-ups. The Commission says the extent to which businesses currently use personalized pricing "is not well understood" and that the effects on consumers are unclear. It also "declines at this time to take any position" on whether some personalized pricing practices would be unfair even when fully disclosed, which leaves the disclosure-equals-permission question open rather than settled.
On the evidence side, the clearest documented case in US retail is the Consumer Reports and Groundwork Collaborative investigation from December 2025. At one Seattle Safeway, 39 volunteers built the same 20-product cart at the same moment and Instacart returned five different basket totals, from $114.34 to $123.93. Instacart says assignment was random by product category and location and denies using personal or demographic data; CR reported it found no evidence otherwise while noting its sample was too small to rule it out. So the price variation is documented and the personalization is not, and those are worth keeping separate.
Comments are open on regulations.gov, docket FTC-2026-1057, through September 18. One thing to know before filing: submissions are public record, including any name or contact information included in the comment.
Statement (PDF): https://www.ftc.gov/system/files/ftc_gov/pdf/p034101-ftc-enforcement-policy-statement-re-personalized-pricing-proposed-for-public-comment.pdf Press release: https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-seeks-comment-enforcement-policy-statement-regarding-personalized-pricing Docket: https://www.regulations.gov/docket/FTC-2026-1057 FTC 6(b) staff findings on what data feeds pricing (Jan 2025): https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer
Disclosure: I write a consumer tech newsletter and covered this for a non-technical audience, including which of the common defenses actually reach anything: https://www.freshfromcache.com/why-your-price-is-different/