FTC demands personalized pricing data from Walmart, Uber, Delta and six other companies

On October 28, 2026, the Federal Trade Commission issued orders to nine major corporations—including Walmart, Uber, and Delta Air Lines—demanding data on how personal information like browsing history, location, and income shapes individualized pricing and gig worker pay. FTC Chairman Andrew Ferguson warned that opaque pricing algorithms could violate consumer protection laws. While airlines like Delta and JetBlue deny using personalized fares, the inquiry comes ahead of U.S. congressional elections.

FTC investigation into personalized pricing

• ▪The Federal Trade Commission stated that its 2026 investigation into personalized pricing aims to correct the approach of a 2024 study on the topic that the commission now views as mistaken.
• ▪Federal Trade Commission Chairman Andrew Ferguson stated that the agency aims to scrutinize the opaque methodology companies use to determine how much consumers pay or how much gig workers are paid for the same product or service.
• ▪The Federal Trade Commission issued its data orders regarding personalized pricing one week ahead of the 2026 U.S. congressional elections, as voters consistently cite the cost of living as their primary issue.
• ▪The Federal Trade Commission intends to publish a study based on the submitted data to inform state and federal regulators and lawmakers about personalized pricing and wage-setting practices.
• ▪FTC issued orders demanding information from nine companies regarding how they use personal data to set individualized prices, wages, and job offers

FTC legal authority and enforcement

• ▪The Federal Trade Commission stated that it lacks the legal authority to issue a blanket prohibition banning personalized pricing practices outright, despite receiving hundreds of public comments requesting a ban.
• ▪Federal Trade Commission Chairman Andrew Ferguson stated that personalized pricing could violate existing consumer protection laws when applied where consumers do not expect it, warning companies to expect enforcement action.

Airline denials of personalized pricing

• ▪A spokesperson for Delta Air Lines stated on October 28, 2026, that Delta 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.
• ▪A JetBlue spokesperson stated on October 28, 2026, that all customers have access to the same fares and that the airline does not use personal information to set prices.

Algorithmic pricing and wage practices

• ▪Studies analyzing gig worker pay data indicate that delivery and ride-hailing app platforms learn and exploit individual driver willingness to accept lower compensation for identical tasks.
• ▪In September 2026, Reuters reported that McDonald's uses artificial intelligence tools to guide menu prices across the United States and gauge patron willingness to pay.
• ▪Personalized pricing tools and AI algorithms leverage personal data such as consumer location, browsing history, income, and loyalty program participation to determine individual pricing and worker pay.