Overview
- The Federal Trade Commission voted 2-0 on Aug. 19, 2026 to release a draft enforcement policy saying undisclosed personalized pricing likely breaches the FTC Act.
- Under the draft, businesses must clearly and conspicuously notify shoppers when prices are individualized and describe the types of data used to set those prices.
- The FTC is relying on its authority over unfair or deceptive practices rather than seeking a broad ban, so it can target undisclosed or misleading uses of consumer data but cannot outlaw all personalization outright.
- Consumer advocates praised the move and urged stronger bans, while retail trade groups said disclosures should protect loyalty and rewards programs that offer targeted savings.
- The policy opens a 30-day public comment period and could lead to enforcement actions or further rulemaking, following prior state laws and high-profile price tests such as Instacart's experiments and Consumer Reports' investigations.