FTC extends deadline on personalized-pricing proposal
The Federal Trade Commission has extended the public-comment deadline for a proposed enforcement policy on personalized pricing, giving consumers, retailers and trade groups until September 25, 2026, to respond.
The FTC announced the seven-day extension on September 3. The original deadline was September 18. Comments must be submitted electronically through the federal docket.
The proposal is not a final rule, regulation or outright ban on personalized pricing. It is an enforcement policy statement describing how the agency may apply existing consumer-protection law to pricing practices that use personal data without adequate disclosure.
What the FTC is proposing
The draft says the FTC could pursue practices under Section 5 of the FTC Act when businesses use personal information to set individualized prices while presenting those prices as generally available or failing to explain how personalization works.
The proposed approach would emphasize clear and conspicuous disclosure. A business could be expected to tell consumers when a price is personalized, explain the basis for the personalization and identify the types of data used.
Examples of potentially relevant information include a shopper’s location, demographics, browsing activity, shopping or purchase history and other behavioral signals. The FTC says consumers may reasonably expect a listed price to be the same price other shoppers would see in comparable circumstances.
That does not mean every price difference would fall within the proposal. The FTC distinguishes personalized pricing from ordinary supply-and-demand changes and recognizes that some products, including insurance and credit, are individualized by their nature.
What the proposal would not do
The policy would not automatically make every loyalty program, targeted discount, surge price or electronic shelf label unlawful. It also would not immediately require retailers to change their pricing systems.
The FTC says it does not have authority to prohibit personalized pricing in every circumstance. Instead, it is seeking comments on when undisclosed or misleading use of consumer data could be deceptive or unfair under the laws it enforces.
Why the agency is examining data-based prices
In a 2025 study, the FTC examined how pricing intermediaries could use detailed consumer information to help businesses set individualized prices. The agency identified data such as location, browsing behavior, demographics and purchase history as possible inputs.
The study included hypothetical examples and was part of an ongoing examination. It does not establish that every cited practice is currently used by a particular retailer.
The Associated Press reported that retail trade groups have raised concerns about preserving loyalty programs and targeted offers, while consumer advocates have questioned whether disclosure alone would give shoppers enough protection. Those positions are part of the public debate and do not determine the FTC’s eventual action.
What happens next
Public comments are due September 25, 2026. After reviewing them, the FTC could revise, finalize or abandon the proposed policy statement. The proposal could also face legal or procedural challenges.
For consumers, the immediate change is the additional time to comment. The practical issue under review is whether shoppers are told when personal information affects the price or promotion they see—and whether the explanation is clear enough to be meaningful.
Sources
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