US FTC · August 31, 2026
FTC Seeks Public Comment on Proposed Enforcement Policy Statement on Personalized Pricing
The FTC has opened a comment period on a proposed enforcement policy statement addressing legal concerns raised by personalized pricing—the use of personal data to set prices based on what a company believes an individual consumer is willing to pay.
What Was Announced
The Federal Trade Commission announced it is seeking public comment on a proposed enforcement policy statement regarding personalized pricing. Per the announcement, personalized pricing is defined as the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to pay. The Commission is inviting input on the legal concerns this practice raises before finalizing its position.
Why It Matters
The excerpt indicates this is a policy statement specifically focused on the intersection of consumer data use and pricing practices—an area where companies increasingly rely on data-driven models to tailor offers to individual consumers. By seeking public comment, the FTC is signaling that it views personalized pricing as an area warranting closer scrutiny and is building a record to inform how it may approach enforcement going forward.
What This Means
Organizations that use consumer personal data to inform pricing decisions—whether through algorithmic models, behavioral data, or other individualized inputs—should treat this as an opportunity to review current pricing practices and the data underlying them. Because the FTC is at the comment-seeking stage rather than final policy, companies have a window to assess their exposure and, where appropriate, participate in the comment process to help shape the eventual enforcement framework. Privacy and compliance teams should monitor developments closely, as a finalized policy statement could shape how the Commission evaluates data-driven pricing practices under its existing enforcement authority.