FTC Proposes Enforcement Policy Statement On Personalized Pricing

Executive Summary

• What’s new: On August 19, 2026, the FTC issued a proposed enforcement policy statement outlining its intent to enforce Section 5 of the FTC Act against personalized pricing practices that the agency deems deceptive or unfair.
• Why it matters: The FTC’s statement, if adopted, signals that businesses engaging in personalized pricing without adequate disclosures could risk enforcement action by the FTC under Section 5. Also, the text of any final statement the FTC ultimately adopts may provide guidance to interpret what constitutes an unfair or deceptive practice under state consumer protection statutes.
• What to do next: Companies that use or are considering using personalized pricing will want to evaluate their disclosure practices, assess the types of consumer data feeding into pricing algorithms and monitor FTC guidance (including the text of any final statement the FTC ultimately adopts) and state legislation. Companies that may be impacted by the proposed