The FTC proposed a disclosure rule for prices personalized with consumer data.
Why it matters: Retailers that tailor prices or promotions to individual shoppers would face new notice requirements. The proposal could change how businesses describe offers and how clearly consumers see when pricing is individualized.
- The FTC proposal would require businesses to disclose when prices are personalized using consumer data.
- The agency said it began its inquiry in 2024 with Section 6(b) orders to eight pricing-tool companies.
- FTC staff said pricing can rely on data such as location, demographics, credit history, browsing history and mouse movements.
- Chairman Andrew Ferguson said consumers expect listed prices to be the same price everyone else sees.
The FTC proposed a disclosure rule that would require businesses to tell shoppers when prices are personalized using consumer data, according to AP and the agency's own materials.
The proposal follows a 2024 inquiry in which the FTC sent Section 6(b) orders to eight companies that provide pricing tools, seeking information on how consumer data is used in pricing, according to the agency's July 2024 release.
In January 2025, FTC staff said retailers frequently use personal information to set individualized prices, including data such as location, demographics and mouse movements on webpages, according to the agency's study release. The agency also said data points can include credit history and browsing history.
FTC Chairman Andrew Ferguson said, "When consumers see a listed price, they expect it to be the same price that everyone else sees, not the retailer's estimate of how much they are willing to pay based on their personal data."
The FTC describes the proposal as a transparency measure aimed at giving consumers clearer notice about whether and how businesses use personal information to categorize shoppers and set targeted prices for goods and services, according to its surveillance-pricing materials.
The materials provided do not specify a vote count, comment deadline or final rule text.
By the numbers
- 8 - companies that received FTC Section 6(b) orders in 2024
- 2025 - year of the FTC staff study on individualized consumer pricing
Yes, but: The proposal is described as a disclosure requirement, not a ban, and the provided materials do not include the final scope or timing.