FTC probes data-driven pricing and pay

The Federal Trade Commission has ordered Walmart, Delta Air Lines (DAL), Uber (UBER) and six other large companies to turn over detailed information on how they use personal data to set prices and worker compensation. Announced on October 28, 2026, the move is part of a formal study of personalized pricing and wage-setting practices, rather than a finding of wrongdoing. Recipients have 45 days from receipt of the orders to respond, and the commission can seek enforcement in federal court if they do not comply.

The orders were issued under Section 6(b) of the FTC Act and were unanimously approved in a 2–0 commission vote. The information will be used to prepare a study examining whether companies vary prices and pay based on consumers’ and workers’ individual characteristics and digital behavior.

Alongside Walmart, Delta and Uber (UBER), the FTC’s orders cover United Airlines (UAL), JetBlue Airways (JBLU), Lyft (LYFT), DoorDash (DASH), Instacart and Target. The study focuses on pricing for tickets, rides, food delivery and other products and services, and on compensation for ride-share and delivery workers. Companies must document the inputs, tools and procedures they use to set or adjust both prices and pay.

For ride-sharing and delivery platforms, the commission is examining whether factors such as a worker’s phone usage and history of accepting rides or deliveries influence how much they are paid. For retailers, airlines and other consumer-facing businesses, the FTC is asking whether prices differ between customers based on loyalty-program participation, browsing habits, location, income or other personal data.

FTC Chairman Andrew Ferguson said the agency intends to scrutinize the opaque methodology that some companies may use to determine how much consumers pay or how much gig workers are paid for the same product or service. The study aims to close information gaps around algorithmic and AI-driven pricing systems that can display different prices to different individuals.

Hundreds of commenters urged a ban on personalized pricing, though the FTC said it does not have authority to issue a blanket prohibition.

Delta said it has zero tolerance for discriminatory or predatory pricing and that it fully complies with pricing and advertising laws. The airline stated that it has no fare product it has ever used, is testing or plans to use that targets customers with individualized offers based on personal data. JetBlue said it does not use personal information or web-browsing history to set individual prices and that fares are determined by demand and seat availability, with all customers having access to the same fares.

Walmart’s CEO said in a statement last month that the retailer does not use personal information such as income, shopping history or perceived willingness to pay to set prices and will not do so in the future. The latest orders follow a preliminary FTC report filed in January 2025 that found some retailers used third-party companies to individualize online prices based on shoppers’ locations, browsing histories and other factors. Ferguson later said that earlier work was rushed and should have gathered data directly from companies, an approach reflected in the new demands for internal information.

The FTC’s actions come amid rising consumer concern about pricing technology and the use of artificial intelligence to collect and analyze large volumes of data. In August, the agency proposed a policy that would require businesses to clearly and conspicuously disclose when they are engaging in personalized pricing and to identify the types of data used to set those prices. The comment period for that proposal has been extended until November 21, signaling a continued policy focus on transparency in data-driven pricing and compensation practices.