Personalized pricing is the subject of a U.S. Federal Trade Commission inquiry that has ordered Walmart, Delta Air Lines and seven other companies to explain how they use personal data when setting prices or compensation. The orders were announced on October 28, 2026.

Key Takeaways

  • The FTC is seeking information from airlines, retailers, ride-sharing and delivery companies.
  • A separate FTC proposal on pricing disclosures remains open for public comment until November 21, 2026.

Personalized pricing and worker pay under review

The FTC inquiry into pricing and compensation methods covers nine companies: Delta Air Lines, United Airlines, JetBlue, Walmart, Target, Uber, Lyft, DoorDash and Instacart.

The agency wants to assess whether prices for tickets, rides, food delivery and other products or services vary between people based on factors such as loyalty-program participation or personal-data analysis. It is also examining whether ride-sharing and delivery companies use drivers’ personal data, including phone usage or histories of accepting jobs, to determine compensation.

FTC Chair Andrew Ferguson said the agency intends to scrutinize methods that some companies may use to determine what consumers pay or gig workers earn. The orders seek information; they do not establish that the companies have engaged in the practices under review. The FTC said it could seek to compel compliance in federal court if companies fail to provide the data.

Companies respond to the inquiry

Delta said it does not use, test or plan to use fare products that target customers with individualized offers based on personal data. JetBlue said it does not use personal information or browsing history to set individual prices, and that fares are determined by demand and seat availability.

Instacart said shopper compensation depends on job-related criteria, including distance, item count and expected shopping time. It also said retailers set prices on its website and that it does not use consumers’ personal information to set prices.

Walmart previously said it does not use information such as income or shopping history to set prices and would not do so in the future. Target also previously said it does not use personal information to raise prices based on who customers are, where they live or when they shop.

Disclosure proposal remains open for comment

The inquiry is separate from a proposed FTC policy announced in August 2026. That proposal would require businesses engaging in personalized pricing to disclose the practice clearly and conspicuously and identify the types of data used to set prices.

The proposal is not an enacted rule. The FTC has extended its public comment period until November 21, 2026.

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