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ARTICLE · 22 SEPTEMBER 2026

FTC Signals Increased Scrutiny Of Personalized Pricing Practices

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The Federal Trade Commission has issued a proposed enforcement policy statement targeting businesses that use consumer personal data to set individualized prices. While acknowledging it cannot prohibit all personalized pricing, the FTC warns that companies may violate federal law if they fail to clearly disclose their use of personal data in pricing decisions.

United StatesConsumer Protection
Morgan Nickerson
Morgan Nickerson
Michael R. Murphy
Michael R. Murphy
Sally Langan
Sally Langan

The Federal Trade Commission (FTC) recently issued a proposed enforcement policy statement signaling increased scrutiny of businesses that use consumers’ personal data to set different prices for different consumers.1 Although the FTC acknowledges that it cannot prohibit personalized pricing in all circumstances, the proposed statement warns that businesses may violate the Federal Trade Commission Act (FTC Act) if they use personal data to personalize prices without clearly telling consumers.

The proposal is particularly relevant for retailers and brands that sell direct-to-consumer and other businesses that use data analytics or artificial intelligence (AI) to help set prices. The FTC is accepting public comments on the proposed statement through 25 September 2026.

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