FTC Orders Retailers and Airlines to Reveal Data Behind Pricing

The Federal Trade Commission is forcing major companies to explain how they set prices using customer data. The orders issued on Wednesday target Delta Air Lines, Walmart, and six other businesses. The agency wants to know if what a person pays for a flight, a ride, or a grocery run changes based on their personal history.

FTC Chairman Andrew Ferguson stated that the commission intends to scrutinize the opaque methodology used in these industries. He said the goal is to determine how much consumers pay and how gig workers are compensated for the same products or services.

The orders require each company to share information that allows the commission to assess pricing variations. The FTC wants to see if costs differ from person to person based on factors like loyalty program participation or personal data analysis. The agency is also examining how ride-sharing and delivery companies use driver data to set pay rates.

The companies named in the orders include United, JetBlue, Lyft, DoorDash, Instacart, and Target. The FTC said it is looking at whether companies compensate workers based on personal data such as phone usage or the history of accepting rides. If the companies fail to turn over the data, the agency said it could compel compliance in federal court.

Delta Air Lines responded by saying it has zero tolerance for discriminatory or predatory pricing. The company stated it fully complies with pricing and advertising laws. Delta said there is no fare product it has ever used, is testing, or plans to use 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. The airline noted that fares are determined by demand and seat availability. It stated that all customers have access to the same fares.

Walmart and Target also addressed the practice in recent communications. Walmart's CEO said in a statement last month that the retailer does not use personal information like income or shopping history to set prices. The company said it will not be doing so in the future. Target posted on its website earlier this month that it does not use personal information to raise prices based on who customers are, where they live, or when they shop.

The FTC's actions follow a preliminary report filed in January 2025. That report found grocers and clothing companies were using third-party firms to individualize online prices. The agencies noted that these firms used factors like location, browsing history, and how long items stayed in virtual shopping carts.

Ferguson said that January report was rushed. He argued the agency should have asked companies directly for data instead of focusing on third-party intermediaries. The FTC announced a proposed policy in August that would require businesses to clearly disclose if they engage in personalized pricing. The comment period for that policy extends until November 21.

Legislators in at least 30 states have considered pricing-related bills this year. According to the National Conference of State Legislatures, these measures address algorithmic and personalized pricing.