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ARTICLE · 03 NOVEMBER 2026

FTC's Section 6(b) Orders On Personalized Pricing And Pay: What Businesses Need To Know

Holland & Knight
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The Federal Trade Commission has issued sweeping Section 6(b) orders to nine major companies demanding detailed information about their use of consumer and worker data in pricing algorithms. These orders, requiring responses within 45 days, reveal the exact framework regulators will use to scrutinize personalized pricing practices as federal and state enforcement converges on algorithmic price discrimination.

United StatesConsumer Protection
Benjamin Genn
Benjamin Genn
Kwamina Williford
Kwamina Williford
Anthony E. DiResta
Anthony E. DiResta
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Highlights

  • The Federal Trade Commission (FTC) on October 28, 2026, voted 2-0 to issue Section 6(b) special orders to nine major companies in the airline, ride-sharing, food delivery and retail sectors.
  • The orders demand detailed information on whether and how the respondents use consumers' personal data to set individualized prices, as well as how platform companies use workers' personal data to assign jobs and set pay.
  • Any business that uses customer or worker data to shape prices, promotions, loyalty offers or compensation should treat the orders as a preview of the questions regulators and plaintiffs will ask next.

The Federal Trade Commission (FTC) on October 28, 2026, voted 2-0 to issue Section 6(b) special orders to nine major companies in the airline, ride-sharing, food delivery and retail sectors. The orders demand detailed information on whether and how the respondents use consumers' personal data to set individualized prices, as well as how platform companies use

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