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ARTICLE · 23 AUGUST 2026

FTC Proposes Personalized Pricing Enforcement Policy

Davis+Gilbert LLP
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The FTC has proposed a groundbreaking Enforcement Policy Statement that would mandate clear disclosure when businesses use consumer data to set personalized prices. This policy represents the agency's most direct regulatory step toward addressing surveillance pricing practices, requiring companies to reveal not just that prices are personalized, but specifically how customer data informs those pricing decisions.

United StatesConsumer Protection
Louis DiLorenzo
Louis DiLorenzo
Paavana Kumar
Paavana Kumar
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The Bottom Line

  • The FTC is signaling increased scrutiny of personalized pricing practicesand the consumer data used to support them.
  • The Policy makes clear that the current FTC administration cares not only about whether a business is personalizing prices, but also how and what data they use to do.
  • The Policy is likely to spark significant interest, and comments will likely reveal a rift between consumer advocates seeking greater transparency and businesses concerned about revealing proprietary pricing and decision-making processes.

The FTC has taken its most direct step toward regulating personalized pricing. On August 19, 2026, the FTC published its Proposed Enforcement Policy Statement Regarding Personalized Pricing (the “Policy”). If finalized in its current form, the Policy would require businesses that collect or use customer data to clearly and conspicuously disclose when and how they use customer data to generate personalized prices.

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