FTC puts personalised pricing on notice with a draft enforcement policy statement

The US Federal Trade Commission has opened a comment period on a policy statement warning that using personal data to set individual prices, without telling the shopper, can breach the FTC Act. What changed On 19 August 2026 the Commission voted 2-0 to publish a proposed enforcement policy statement on personalised pricing in the Federal Register, opening a 30-day comment window. The statement does not ban the practice; the FTC says it has no authority to do that outright. What it does is set out the theory the agency intends to enforce: a retailer that presents a price as fixed while quietly varying it by browsing history, purchase history or other personal data risks a deception claim, and undisclosed collection or use of personal data for that purpose can be an unfair or deceptive practice. Chairman Andrew Ferguson framed it as an extension of the agency's recent work on hidden fees and surprise charges at checkout.