FTC Still Investigating Personalized Pricing Practices

Regulators say they are exploring whether disclosures should be required for individualized online pricing

Apr. 16, 2026 at 12:33am

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A high-end, photorealistic studio still-life photograph featuring a stack of colorful consumer electronics products arranged elegantly on a clean, monochromatic background, symbolizing the abstract corporate strategies and data practices behind personalized pricing.A conceptual still life highlighting the growing concerns around personalized pricing and the use of consumer data to set individualized prices.Atlanta Today

The Chairman of the Federal Trade Commission says his agency is still looking into the issue of surveillance or personalized pricing, where different shoppers are given different prices without their knowledge while shopping online. The FTC halted a public comment period on the issue in 2025 under the previous administration, but the new leadership says they are now exploring whether disclosures should be required for this type of individualized pricing.

Why it matters

Personalized pricing has raised concerns among lawmakers and consumer advocates who argue it is an unfair practice that uses consumer data against them. The FTC's investigation could lead to new rules or guidelines around transparency and disclosure for online retailers using these pricing tactics.

The details

In a 2025 investigation by Channel 2 Action News, reporters found significant price disparities for the same products between different shoppers, with some paying nearly $200 more than others. The FTC Chairman says the agency has already taken action, launching an investigation into Instacart after it started a personalized pricing experiment, leading the company to cancel the project.

  • In 2025, the FTC halted a public comment period on surveillance pricing under the previous administration.
  • In a 2025 investigation, Channel 2 Action News found significant price disparities for the same products between different shoppers.

The players

Andrew Ferguson

Chairman of the Federal Trade Commission.

Jacky Rosen

Democratic Senator from Nevada.

Maria Cantwell

Democratic Senator from Washington.

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What they’re saying

“Consumers should not ever be profiled and charge different prices based on that profile. It is an abusive and unfair practice that uses consumer data against them.”

— Jacky Rosen, Senator

“It needs to be a robust investigation, because on top of everything else, when people are admitting that they are raising the prices, and then in this particular case, whether it's an airline seat or a grocery store price, the public is frustrated.”

— Maria Cantwell, Senator

“I don't want to commit to any particular rulemaking because we have to see what evidence we acquire. And I will follow the evidence where it leads.”

— Andrew Ferguson, FTC Chairman

What’s next

The FTC Chairman says the agency is still exploring whether disclosures should be required for personalized pricing practices, and will follow the evidence in their investigation.

The takeaway

The FTC's renewed focus on surveillance pricing highlights growing concerns over the use of consumer data to charge different prices to different shoppers. The outcome of the agency's investigation could lead to new transparency rules for online retailers, providing more clarity and protection for consumers.