FTC Personalized Pricing Orders Go to Nine Companies
Delta, Uber, Walmart and six other companies received FTC orders on October 28, 2026, about whether prices and pay vary by person.
The Federal Trade Commission (FTC) sent orders on October 28, 2026, to nine companies in a study of whether personal data or algorithms set prices and worker pay. The study runs under Section 6(b) of the FTC Act, a provision that lets the Commission study an industry without a specific law-enforcement purpose.
At Ban the Bots, we relied only on the FTC's press release. We read a text extraction of the page that we could not compare with the original, because the FTC site blocks our server. We did not see the orders themselves, any company's response, or any company's pricing, and we ran no test.
Which Nine Companies Got the FTC Personalized Pricing Orders?
Nine companies received the orders: Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart. The orders ask whether prices or worker pay differ from person to person. The release does not say that any of these companies personalizes prices or pay.
- Airlines: Delta, United and JetBlue
- Ride-sharing: Lyft and Uber
- Food delivery: DoorDash and Instacart
- Retail: Target and Walmart
Being named in the orders is a request for information. It is not a finding about any recipient.
What the FTC Is Doing With the Orders
The FTC is running a study under Section 6(b) of the FTC Act. The release says that provision lets the Commission study industries without a specific law-enforcement purpose. The release does not say any company broke a law.
The Commission approved the announcement by a vote of 2 to 0. Chairman Andrew N. Ferguson is quoted in the release saying: "We intend to scrutinize the opaque methodology that some companies in these industries may be using." He is also quoted saying: "Consumers deserve to know whether companies use their web surfing habits or other personal data."
The release describes what happens if a recipient does not comply: the Commission can seek to compel compliance in federal court. The release does not say that the Commission has taken that step with any recipient.
The orders ask questions. They are not findings, and the release does not report any answers. Our reading is that the orders ask whether prices vary by person, so for some companies the answer may be no.
What the FTC Personalized Pricing Orders Ask For
The release describes two areas of questions. One is consumer prices. The other is worker pay at ride-sharing and food-delivery companies.
Consumer Prices
The orders ask for information showing whether prices for tickets, rides, deliveries or other products vary from person to person. The release names loyalty-program participation and algorithmic analysis of personal data as examples of the factors involved. The orders also ask each company to document the inputs, tools and procedures it uses to set or adjust pricing and compensation. The release does not say whether any of that documentation will be made public.
Worker Pay at Ride-Sharing and Food-Delivery Companies
For Lyft, Uber, DoorDash and Instacart, the orders ask how driver or worker pay may be personalized using workers' data. The release gives two examples of that data: phone usage and past offer-acceptance history. Chairman Andrew N. Ferguson is quoted in the release saying: "Workers also deserve to know if their compensation is affected by how companies use their personal data." The release does not say that any worker's pay is personalized. If you drive or deliver for Lyft, Uber, DoorDash or Instacart, the worker-pay request concerns your pay directly.
Response Deadline and Open Questions
Recipients have 45 days from receipt of the orders to respond. The release does not give the date each company received its order, and it does not state response due dates.
In August 2026 the Commission asked for public comment on a proposed enforcement policy statement on personalized pricing. The release describes it as addressing how undisclosed use of personal information to set a unique price could violate the FTC Act. We did not read the statement itself.
The release does not answer several questions. These remain unknown from the sources we used:
- When the FTC will publish findings from the study
- What any company has said or will say in response to the orders
- Whether any of the nine companies personalizes prices today
- What the FTC will do after the study
- How the companies have publicly reacted, if they have
What the FTC Says About Its 2024 Study
The release says the current study corrects the FTC's 2024 study. The FTC issued that study in mid-2024. It also says the 2024 study examined only middlemen consultancies rather than the businesses that set prices, and that the agency learned nothing about actual pricing decisions from it.
The stated purpose of the current study is to examine how personal data is used to set consumer prices and worker compensation. We did not read the 2024 study, so we cannot say what it found.
Our Takeaway for Shoppers and Gig Workers
The FTC press release is the only source we used for this page. It does not show that any company personalizes prices or pay. A shopper should not conclude from it that their own price is personalized, and a driver or delivery worker should not conclude that their own pay is personalized either.
If you want to compare prices yourself, our suggestion is simple. Compare the same item or ride on two devices or accounts at about the same time, and keep a screenshot of each result. This is our suggestion. The FTC has not endorsed it, and we have not tested whether it reveals personalization. A difference can have causes other than personalization.
Two things would change this picture: the FTC publishing findings from the study, or company responses becoming public. The release gives no date for either. For our separate guide on privacy, see protecting your privacy online.
To follow the FTC personalized pricing study, watch our briefing for updates, and read the FTC's press release for the orders' exact wording. For more on AI rules, see our AI legislation page.
Frequently asked questions
▸ Which companies got FTC personalized pricing orders?
▸ Is the FTC suing these companies?
▸ What is a 6(b) order?
▸ Does this mean my prices are personalized?
▸ How long do the companies have to respond?
▸ Does it cover worker pay?
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