FTC Presses Delta, Uber, Walmart and Others on How Personal Data Shapes Prices

The Federal Trade Commission on Wednesday ordered nine well-known companies to hand over detailed information on how they use personal data to set prices for customers and pay for gig workers. For shoppers, travelers and app-based drivers, the inquiry goes to a basic question: whether two people can be charged, or paid, different amounts for the same thing because of what companies know about them.

The orders went to Delta Air Lines, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart, according to the Associated Press and The Guardian.

What the FTC wants to know

According to the AP, each company must provide material that lets the commission judge whether the price of a ticket, a ride, a food delivery or another product or service differs from one person to the next. The agency named participation in loyalty programs and analysis of personal data as examples of factors it will look at.

The commission is also studying whether ride-sharing and delivery companies set pay for their independent drivers using personal information, such as phone usage or a worker's history of accepting rides or deliveries. FTC Chairman Andrew Ferguson said in a statement that the agency intends to scrutinize the opaque methods some companies may use to decide what consumers pay or what gig workers earn for the same product or service.

The AP reported that the FTC could ask a federal court to compel any company that does not turn over the data.

How the inquiry got here

• July 2024: The Guardian reported that the Biden administration opened an inquiry into surveillance pricing, demanding information from McKinsey, JPMorgan Chase and other firms that sold such products to consumer-facing companies.
• January 2025: A preliminary FTC report found that grocers, clothing companies and others were using third-party firms to individualize online prices based on shoppers’ locations, browsing histories and other factors, including how long items sat in a virtual cart.
• August: The FTC announced a proposed policy that would require businesses to clearly disclose personalized pricing and the types of data behind it. The comment period has been extended to Nov. 21.
• Wednesday: The FTC issued the new orders to the nine companies.

The AP noted that Ferguson, who became chairman when President Donald Trump took office, has said the earlier report was rushed and should have gone straight to the companies for data instead of focusing on outside intermediaries.

How the companies responded

Delta said it has zero tolerance for discriminatory or predatory pricing and complies with pricing and advertising laws. The airline said it has never used, is not testing and does not plan to use any fare product 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 reflect demand and seat availability and are open to all customers. The AP said Walmart’s CEO stated last month that the retailer does not use personal details such as income, shopping history or willingness to pay to set prices, and will not do so in the future. The AP had asked Walmart, Target, DoorDash and others for comment.

Why it matters for consumers and workers

The AP said the FTC’s move reflects growing public concern about pricing technology and the use of artificial intelligence to gather large amounts of data. Legislators in at least 30 states have considered pricing-related bills this year, including measures on algorithmic and personalized pricing, according to the National Conference of State Legislatures.

The Guardian reported that several states have begun introducing bills to ban surveillance pricing and electronic shelf labels that could be used to charge different prices based on shoppers’ habits and online information.

What the inquiry will change is not clear. The Guardian noted that the FTC polices unfair or deceptive practices in most industries but not airlines, so it cannot impose fines or regulations on the airlines named. Rohit Chopra, a former FTC commissioner who now leads California’s new Business and Consumer Protection Agency, told The Guardian that past studies of this kind have not produced meaningful reports that led to rule changes.

Around Prague, based on reporting by ABC News, The Guardian