The comment period on the FTC’s proposed policy statement closed on September 25, 2026, after a seven-day extension from September 18.
Consumer groups including EPIC urged the FTC to treat surveillance pricing as an unfair practice; industry groups focused on protecting discounts. The FTC will decide whether to finalize, revise or withdraw the statement.
Law Covered by This Update
FTC Proposed Policy StatementFederal (FTC)
FTC File No. P034101 · FTC Act § 5
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.
PendingAug 19, 2026