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ARTICLE · 24 AUGUST 2026

FTC Proposes Enforcement Policy Statement On Personalized Pricing: What Businesses Need To Know

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The Federal Trade Commission has issued a proposed enforcement policy statement targeting personalized pricing practices, signaling that businesses using consumer data to set individualized prices must provide clear disclosures or face potential Section 5 enforcement actions.

United StatesConsumer Protection
Joanna Rosen Forster
Joanna Rosen Forster
Toni Michelle Jackson
Toni Michelle Jackson
Tiffany Aguiar
Tiffany Aguiar

What You Need to Know

  • Key takeaway #1

    The FTC’s proposed policy statement signals that businesses engaging in personalized pricing — the use of consumer data to set individualized prices, discounts, coupons or other incentives (e.g., loyalty programs) — must provide clear, conspicuous disclosures that include not only the fact that a price is personalized, but also the basis for that personalization and the specific types of data used, or risk enforcement action under Section 5 of the FTC Act.

  • Key takeaway #2

    Businesses that collect, use, or disclose consumers’ personal data for personalized pricing purposes without adequate disclosures or without obtaining consumer consent may be independently exposed to Section 5 liability under the FTC Act.

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