The U.S. Federal Trade Commission (FTC) has initiated investigations into the pricing practices of several major companies, including Delta Air Lines, Walmart, and other prominent retailers and service providers, amid concerns over the use of consumers’ personal data. The agency is seeking detailed information on how these companies incorporate personal data into their pricing strategies for goods and services.
The commission’s inquiry extends to ride-sharing and delivery firms such as Uber, Lyft, DoorDash, Instacart, and others, with particular attention to whether independent drivers and gig workers are compensated based on their personal information. The FTC has ordered these companies to submit data that will help determine if pricing for tickets, rides, food delivery, or other products varies across consumers depending on factors like loyalty program participation or other personal data analyses. Additionally, the FTC aims to verify if compensation models for gig workers incorporate personal information such as phone usage or order acceptance histories.
FTC Chairman Andrew Ferguson emphasized the agency’s focus on scrutinizing potentially opaque pricing methodologies, saying the commission intends to clarify how companies decide on consumer charges or worker pay for equivalent services. The agency has warned that failure to comply with data requests could lead to enforcement actions in federal court.
Responding to the FTC’s actions, Delta Air Lines stated that it maintains a policy of zero tolerance for discriminatory or predatory pricing and complies fully with applicable pricing and advertising laws. The airline asserted that it neither uses nor plans to use fare products targeting customers with personalized offers based on personal data.
JetBlue reiterated that its fares are determined by demand and seat availability rather than individual customer data or browsing history. Instacart highlighted that its shopper compensation is based exclusively on job-related criteria such as distance, item count, and estimated shopping time, and it does not use personal information from consumers to set prices. The company noted that prices on its platform are dictated by the retailers it serves and expressed support for regulatory efforts to enhance transparency.
Walmart’s CEO similarly confirmed that the retailer neither uses personal data such as income, shopping history, or willingness to pay to set prices nor plans to adopt such practices. Target has also publicly stated that it does not raise prices based on personal characteristics or shopping patterns.
The FTC’s investigations come amid growing public and legislative scrutiny of pricing algorithms and artificial intelligence systems that leverage vast amounts of consumer data. This year, at least 30 states have considered legislation addressing personalized or algorithmic pricing, reflecting widespread concerns about fairness and transparency.
In August, the FTC proposed a policy requiring companies to clearly disclose if they engage in personalized pricing and to reveal the types of data involved in price setting. The agency has extended the comment period on this proposed rule to November 21.
Earlier, a preliminary FTC report released in January 2025 found evidence that some retailers used third-party firms to tailor online prices based on variables like location, browsing behaviors, and shopping cart activity duration. However, Ferguson criticized that report as premature, arguing that direct data collection from companies would provide clearer insights than focusing on intermediaries.
The ongoing investigations reflect the FTC’s commitment to addressing the complex ways technology impacts pricing and compensation in consumer markets.