PricingLawsby Klary
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Does the FTC Ban Personalized Pricing?

No. The FTC’s August 2026 proposal states that Congress has not given it authority to ban personalized pricing in all circumstances. It would treat undisclosed or misleading personalized pricing as potentially deceptive or unfair under Section 5. The statement is not final.

Last verified Oct 6, 2026 · Not legal advice

What Does the FTC Propose?

Where consumers reasonably expect a common price, disclose that the price is personalized, the basis and the types of data used.

What Could Still Be Unlawful Under the FTC Act?

Presenting a personal price as uniform, failing to disclose it where a common price is expected, or misstating why a price was set.

Laws Cited in This Guide

  • FTC proposed policy statement

    The FTC’s proposed policy statement, issued August 19, 2026, says businesses that use personal data to set an individual’s price should clearly disclose that the price is personalized, the basis for it and the types of data used, where consumers reasonably expect a common price.

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