Story perspectives

FTC Draft Demands Retailers Disclose Personalized Pricing

8/24/2026

Summary

Story summary

The Federal Trade Commission released a draft policy asking for public comment on mandatory retailer disclosure of personalized pricing.
FTC Chairman Andrew Ferguson warned that hiding data-driven price changes could breach the FTC Act.
The Senate Judiciary Committee held a hearing titled “Your Data, Their Profit: the Consumer Cost of AI Surveillance Pricing.”
Consumer Reports said the draft may violate Section 5 and urged Congress to ban personalized pricing.

History

Historical Context

Building on the FTC’s 2011 “Do Not Track” proposal and its 2023 civil investigative demand against OpenAI, the agency has repeatedly used Section 5 to curb data-driven harms. Commissioner Andrew N. Ferguson, chair since 2025, is pushing a draft rule on algorithmic price disclosures after the August 2024 ban on AI-generated fake reviews, extending the push to police digital pricing.

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Story summary

The Federal Trade Commission released a draft policy asking for public comment on mandatory retailer disclosure of personalized pricing.
FTC Chairman Andrew Ferguson warned that hiding data-driven price changes could breach the FTC Act.
The Senate Judiciary Committee held a hearing titled “Your Data, Their Profit: the Consumer Cost of AI Surveillance Pricing.”
Consumer Reports said the draft may violate Section 5 and urged Congress to ban personalized pricing.

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