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FTC Opens Public Comment Period on Personalized Pricing Enforcement Policy
The Federal Trade Commission has released a proposed enforcement policy statement on personalized pricing — where companies use personal data to charge individual consumers what they're estimated to be willing to pay — and is now asking the public to weigh in. The comment period gives consumers and businesses a formal opportunity to respond before the FTC finalizes its legal position.
What this means for you
Consumers in this situation should know that personalized pricing is already widespread across retail, e-commerce, insurance, and other industries — meaning two people visiting the same website may see different prices based on their browsing history, location, or financial profile. When a federal agency opens a public comment period on a practice like this, it typically signals that enforcement action may follow once the policy is finalized. Consumers who have noticed unexplained price differences across accounts or devices are among the people this kind of policy is designed to address. Understanding how your personal data may influence the price you're offered is increasingly relevant across nearly every major purchase category.
The facts
- The FTC announced it is seeking public comment on a proposed enforcement policy statement specifically addressing personalized pricing practices.per FTC press release · as of August 19, 2026
- The FTC defines personalized pricing as the use of personal data to set prices based on what a company believes an individual consumer is willing to pay.per FTC press release · as of August 19, 2026
- The proposed policy statement outlines the FTC's legal concerns with how personal data is used in price-setting across industries including retail, e-commerce, financial services, insurance, healthcare, and technology.per FTC press release · as of August 19, 2026
- This is an official agency action by the FTC, not a litigation filing — the comment period is a formal step in the federal rulemaking and policy development process.per FTC press release · as of August 19, 2026
What you can do
Keeping records of prices you're shown online — including screenshots with dates and the account or device used — can be useful context if you later want to submit a public comment or file a consumer complaint. Submitting a comment directly to the FTC during the open comment period is a free, straightforward process available to any member of the public. Checking whether a retailer or service provider has a published pricing or data-use policy can help you understand what information they collect and how it may affect the prices you see.
Common questions
What is the FTC proposing regarding personalized pricing?
The FTC has released a proposed enforcement policy statement that lays out its legal concerns with the practice of using consumers' personal data to set individualized prices. The agency is now collecting public comments before it finalizes that policy. Once finalized, the statement would guide how the FTC approaches enforcement actions related to data-driven pricing.
What is personalized pricing and why does the FTC have concerns about it?
Personalized pricing is when a company uses data about an individual — such as their location, browsing habits, or financial profile — to set a price it believes that specific person will pay, rather than offering a uniform price to all customers. The FTC's proposed policy statement signals that the agency views certain uses of personal data in this context as potentially raising legal issues under consumer protection and privacy laws. The comment period is the public's chance to inform how that enforcement position gets shaped.
How can consumers participate in the FTC's personalized pricing comment period?
Any member of the public can submit a formal comment to the FTC during the open comment period — the process is free and does not require a lawyer. Comments can describe personal experiences with price differences, raise concerns about data use, or simply express a view on the proposed policy. The FTC's website is the starting point for finding submission instructions.