FTC Signals Enforcement on 'Personalized Pricing'

The Federal Trade Commission on August 19, 2026, announced it is seeking public comment on a proposed enforcement policy statement concerning 'personalized pricing.' The move reflects growing unease among federal and state regulators about the use of consumer data to charge different prices to different people for the same product or service. This practice, also known as dynamic pricing, leverages personal information—such as browsing history, location, or demographics—to predict an individual’s willingness to pay.

Sophisticated corporate clients, particularly in the retail and technology sectors, care because these data-driven pricing strategies are increasingly common but now face significant regulatory risk. An official policy statement would clarify the FTC's position on when such practices may be considered unfair, deceptive, or discriminatory under the FTC Act and other laws, likely foreshadowing future enforcement actions. Counsel should advise clients using or considering these models to evaluate their legal exposure. The next step is the public comment period, after which the FTC may issue a final policy statement that will guide its enforcement priorities.