FTC Issues Data Requests to Major Retailers, Gig Platforms Over Personalized Pricing

On Oct 28, the Federal Trade Commission issued 6(b) orders to nine companies—Walmart, Target, Uber, Lyft, DoorDash, Instacart, Delta Air Lines, United Airlines and JetBlue Airways—requiring them to disclose whether and how they use consumers’ personal data such as location, browsing history and income to set individual prices, wages or job offers. The orders ask for records dating back to January 1, 2023 and describe the tools, data categories and alleged effects on pricing and compensation. The FTC warned it could seek a federal-court order to compel compliance.

FTC orders Walmart, Delta and others to share how they use personal data to set prices and pay

Algorithmic pricing tools that incorporate artificial-intelligence have become widespread, enabling firms to present different prices to different shoppers based on detailed personal data. State legislators in at least 30 states have introduced bills targeting such practices, and the FTC’s own preliminary 2025 report found that many retailers rely on third-party services to individualize online prices. In August, the agency proposed a rule requiring businesses to disclose personalized-pricing practices; the public-comment period was later extended to Nov. 21.

FTC orders Walmart, Delta and others to share how they use personal data to set prices and pay CNBCNew York PostFTC Orders Walmart, Uber, Delta and Six Others to Explain Personalized Pricing Data — BigGo Finance Business InsiderReuters

• Instacart declared it does not use personal information to set prices and will not do so in the future.

Reuters

• Walmart’s CEO reiterated that the retailer does not use income, shopping history or willingness-to-pay data to set prices and will not adopt such practices.

FTC orders Walmart, Delta and others to share how they use personal data to set prices and pay

• The National Retail Federation criticized the FTC’s approach, defending data-driven discounts as a legitimate way to incentivize customer loyalty.

CNBC

The National Retail Federation argued that the FTC’s push could hinder retailers’ ability to offer personalized discounts that reward repeat shoppers, contending that such practices are lawful and beneficial for consumer engagement.

Reuters

• “Consumers deserve to know whether companies use their web surfing habits or other personal data to estimate the highest price they can charge each consumer,” — FTC Chairman Andrew N, said FTC chairman

Business Insider

• “We intend to scrutinize the opaque methodology that some companies in these industries may be using to determine how much consumers pay or how much gig workers are paid for the same product or service,” — FTC Chairman Andrew Ferguson

FTC orders Walmart, Delta and others to share how they use personal data to set prices and pay

• “Workers also deserve to know if their compensation is affected by how companies use their personal data,” — Andrew Ferguson, FTC chairman

Business Insider

While the FTC’s orders imply a concern that companies may be employing personalized pricing, the targeted firms—Delta, JetBlue, Instacart and Walmart—each assert publicly that they do not use personal data to set individualized prices or wages. The FTC also notes it lacks authority to impose a blanket ban on the practice, leaving the ultimate regulatory outcome uncertain.

New York Post

The FTC plans to compile the submitted information into a public study aimed at informing regulators and lawmakers about the prevalence and impact of algorithmic pricing and wage-setting tools. The agency’s proposed disclosure rule remains open for comment until Nov. 21, after which the FTC may consider further enforcement actions, including court-ordered compliance for any company that fails to provide the requested data.

CNBC