FTC Launches Study on Personalized Pricing and Its Legal Risks
The FTC announced a new study on personalized pricing impacting consumers and businesses.
Why it matters: This study signals potential regulatory scrutiny on pricing algorithms, vital for legal advisors in e-commerce, tech, and compliance. Understanding the legal landscape helps counsel clients on risks and disclosure obligations.
- FTC Chairman Andrew Ferguson announced the study on October 5, 2026, under Section 6(b) of the FTC Act.
- The FTC’s proposed enforcement policy on personalized pricing was released August 19, 2026, with public comments accepted through September 25, 2026.
- The policy cautions that using personal data for individualized pricing without clear disclosure may violate Section 5 of the FTC Act.
- The American Antitrust Institute argued that disclosure alone does not adequately protect consumers from harms tied to personalized pricing.
On October 5, 2026, FTC Chairman Andrew Ferguson announced a new study to examine personalized pricing practices under Section 6(b) of the FTC Act. The inquiry will assess how businesses use consumer data to set individualized prices and the potential impacts on consumers and competition.
The FTC released a proposed enforcement policy statement on August 19, 2026, which frames personalized pricing without transparent disclosure as a possible violation of Section 5 of the FTC Act—banning unfair or deceptive practices. Originally slated for public comments until September 18, the period was extended to September 25, 2026.
Chairman Ferguson emphasized, "When consumers see a listed price, they expect it to be [the] same price that everyone else sees, not the retailer’s estimate of how much they are willing to pay based on their personal data." This highlights concerns about fairness and transparency in pricing algorithms.
The American Antitrust Institute submitted comments arguing that mere disclosure is insufficient to protect consumers, noting that competition must also be addressed to mitigate harms from personalized pricing.
While the FTC has yet to detail the methodologies or timeline for the new study, the agency's moves underscore growing scrutiny on personalized pricing. Legal professionals advising clients in tech, e-commerce, and compliance should monitor this evolving regulatory landscape closely.
By the numbers:
- August 19 to September 25, 2026 — Public comment period on FTC’s proposed personalized pricing policy
What's next: The FTC will conduct its study on personalized pricing; its findings could lead to regulatory changes impacting pricing algorithms and disclosure requirements.