On Aug. 19, 2026, the Federal Trade Commission (FTC) announced that it is seeking public comment on a proposed enforcement policy statement regarding the use of consumer data to set individualized prices — a practice the FTC refers to as “personalized pricing” in its proposed policy statement. The public comment period will remain open for 30 days following publication of the proposed policy statement to the Federal Register.
The proposed policy statement addresses the FTC’s concern that, unbeknownst to consumers, personalized pricing is becoming more prevalent in product markets that historically have not varied prices based on consumers’ personal data.
“When consumers see a listed price, they expect it to be [the] same price that everyone else sees, not the retailer’s estimate of how much they are willing to pay based on their personal data,” FTC Chairman Andrew Ferguson said in a statement.
The proposed policy statement, if finalized, would not create a new rule prohibiting personalized pricing. Instead, it would provide guidance on the FTC’s current view — and potential enforcement posture — on personalized pricing.