PricingLawsby Klary
Whitepaper

Compliance

Does Using Third-Party Data in Pricing Create Extra Risk?

Yes. The FTC’s deception example is a price presented as based on purchase history that actually reflects shopping at other firms, and its proposal expects businesses to verify consent for vendor data. Consumers also judge prices based on outside data as less fair.

Last verified Oct 6, 2026 · Not legal advice

How Should Third-Party Data Be Used in Pricing?

Prefer first-party features: purchases, account activity and stated preferences. Use a third-party feature only with documented consent for pricing use and a reason it cannot be replaced. See the Classify stage.

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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