FTC Forces Retailers to Reveal Pricing Data

The Federal Trade Commission issued formal orders on Wednesday requiring eight major companies to disclose how they use consumer data to set prices and compensate workers. The directive targets Delta Air Lines, Walmart, United Airlines, JetBlue, Lyft, DoorDash, Instacart, and Target.

Chairman Andrew Ferguson stated the agency intends to scrutinize opaque methodologies used to determine what consumers pay. The commission seeks to assess whether pricing varies for specific individuals based on loyalty program participation or personal data analysis. Companies must provide information that allows the FTC to evaluate if tickets, rides, or delivery fees differ from one person to the next.

The inquiry extends beyond customer pricing to include worker compensation. The FTC is examining whether ride-sharing and delivery platforms use independent drivers' personal data to set pay rates. Specific data points under review include phone usage patterns and a driver's history of accepting rides or deliveries. If the companies fail to turn over the requested data, the FTC said it can compel compliance through federal court.

Several named companies responded to the orders by denying the practice of individualized pricing. Delta said it has zero tolerance for discriminatory or predatory pricing. The airline stated in a statement that it does not use fare products that target customers with individualized offers based on personal data. JetBlue added that fares are determined by demand and seat availability, ensuring all customers have access to the same prices.

Retailers also pushed back against the notion of data-driven price adjustments. Walmart's CEO said in a statement last month that the retailer does not use personal information such as income or shopping history to set prices. Target posted on its website earlier this month that it does not raise prices based on who customers are, where they live, or when they shop.

These regulatory actions come as state legislatures examine pricing technology. At least 30 states considered bills addressing algorithmic and personalized pricing this year, according to the National Conference of State Legislatures. The FTC previously filed a preliminary report in January 2025 finding that grocers and clothing companies used third-party firms to individualize online prices based on location and browsing history. Chairman Ferguson said that report was rushed and should have sought data directly from the companies.

The agency also proposed a policy in August requiring businesses to clearly disclose if they engage in personalized pricing. The FTC extended the public comment period on that policy until November 21. The commission's move follows a period of increased consumer concern over the use of artificial intelligence to collect vast amounts of data for pricing decisions.