Connect with us

Hi, what are you looking for?

Economy

Consumers could see lower prices, increased privacy, from FTC ruling

Consumers have been hearing about “surveillance pricing” for a while, and now the Federal Trade Commission has a plan to curtail the practice.

If you have been on Instagram or TikTok recently, you’ve probably seen influencers telling you to purchase your plane tickets at the library or use a VPN to mask your location because of dynamic pricing that changes based on location and search frequency.

But now the FTC is stepping in, proposing a new enforcement policy regarding personalized pricing, which it defines as “the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to spend.”

While personalized pricing, which is also known by other monikers, including surveillance pricing, dynamic pricing, surge pricing, real-time pricing, and demand-based pricing, has been around for years. But it has become more invasive in recent years thanks to artificial intelligence.

“AI dynamic pricing is a process where product or service prices are adjusted in real time based on various market factors and demand,” according to IT solutions company Bull.

“Unlike traditional models that often rely on rigid assumptions or ignore competitor actions, this solution uses Machine Learning (ML) to estimate price elasticity: how quantity demanded changes relative to price shifts — to create highly accurate demand curves for every individual product.”

FTC seeks public commentary for new surveillance pricing rules

On Wednesday, August 19, the FTC announced that it is currently seeking public comment on an enforcement policy statement that would govern personalized pricing as part of its efforts to combat businesses “that mislead consumers with hidden fees and surprise charges.”

The enforcement would be against retailers that pretend their prices are static when they actually change depending on the available data of the person potentially making the purchase.

“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,” said FTC Chairman Andrew Ferguson.

But even the FTC acknowledges that it does not have the power to ban all personalized pricing practices, but it can make the process more transparent.

“The FTC does not have the legal authority to ban personalized pricing in all circumstances, but businesses that fail to tell consumers how their personal data is being used to set a price may be in violation of the FTC Act and other laws we enforce,” Ferguson said.

dowell / Getty Images

What happens next?

The FTC says that retailers that utilize the undisclosed collection of personal data for the purpose of personalized pricing could be violating the FTC Act, which “prohibits unfair or deceptive practices in the marketplace.”

Now that the FTC is soliciting public comment, they have 30 days to submit their comments electronically at this website.

So far, there is only one comment; it reads, “Absolutely ban personalized pricing without qualification. Allowing it would be bad for society and a nightmare for consumers. It’s bad enough that companies have so much unauthorized personal, private data about people, which is already being abused in countless ways. Personalized pricing would weaponize it even more. Naive young people, uneducated and poor people with limited access to information, and trusting seniors would be especially vulnerable to being misled and abused by personalized pricing.”

The FTC says retailers hiding their surveillance pricing activities from consumers are violating Section 5 of the FTC Act, and businesses that do utilize personalized pricing should “clearly and conspicuously” disclose not only the fact that they are doing it, but also the basis for that personalization and the types of data on which the personalization is based.

“Consumers expect prices for products and services to change based upon supply and demand, not their web surfing habits or buying history, the FTC says. “Retailers who represent or imply that a price is static when it in fact varies by individual are at risk of misleading customers.”

Related: Another state just banned a controversial retail pricing practice

Your information is secure and your privacy is protected. By opting in you agree to receive emails from us. Remember that you can opt-out any time, we hate spam too!

Latest

Business Insider

David Tepper has spent years betting on the biggest beneficiaries of artificial intelligence. Now he’s moving further down the stack. Appaloosa Management, led by...

Business Insider

In a footrace, when the field bunches up behind the leader, most people read it as the leader slowing down. Taiwan Semiconductor Manufacturing (TSM)...

Business Insider

Investors holding JPMorgan Nasdaq Equity Premium Income ETF (JEPQ) saw a record figure on their August 2026 statements. The fund paid $0.70497 per share,...

Business Insider

There was a lot to enjoy for investors in ServiceTitan’s (TTAN) most recent earnings release. Revenue also topped Wall Street estimates. Profit above forecasts....

Business Insider

Stocks still have a ton of gains to show for in 2026.  Through Sept. 10, the S&P 500 was up around 11%, the Nasdaq...

Business Insider

Markets are built for stories that resolve quickly. Mines are not. A lithium deposit takes 10 or 15 years to travel from a geologist’s...

You May Also Like

Business Insider

Every country that builds things eventually faces the same question about a cheaper foreign rival, and there are only two honest answers to it....

Investor Strategy

Updated July 21, 2026 Price: NVDA closed at $203.28 on July 20, 2026, up 0.23% on the day. Earlier in July the stock traded...

Business Insider

ServiceNow (NOW) shares slipped about 0.7% to $102.50 in midday trading July 20 after CLSA began covering the enterprise-software company with an Underperform rating...

Investor Strategy

The fastest fortune in hedge fund history did not die of a bad thesis — it died of leverage. Leopold Aschenbrenner’s Situational Awareness LP...

Disclaimer: Respect Investment.com, its managers, its employees, and assigns (collectively "The Company") do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

Copyright © 2026 respectinvestment.com | All Rights Reserved