The FTC issued a proposed enforcement policy statement on August 19, 2026. Where consumers reasonably expect a common price, businesses that personalize prices should disclose that fact, the basis and the types of data used.
The FTC said it lacks authority to ban personalized pricing in all circumstances but would act against deceptive or unfair practices.
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