The Federal Trade Commission ordered Delta, United, JetBlue, Uber, Lyft, DoorDash, Instacart, Target and Walmart to say within 45 days whether they set prices person by person using personal data. The orders, announced Oct. 28, also ask whether drivers’ pay is personalized. The 45 days run from the date each company receives its order.
The FTC issued the orders under Section 6(b) of the FTC Act, which the agency says lets it run broad studies that “do not have a specific law enforcement purpose.” No company is accused of anything, and no dollar figure is attached. The Commission voted 2-0 to approve the orders.
For anyone who buys airline tickets, rides or groceries through these companies, the practical question is whether the price on their screen is the price everyone sees. The orders ask each company whether the price of a ticket, ride, delivery or other product or service varies from person to person based on things like loyalty program participation or analysis of personal data.
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What exactly did the FTC ask for?
The orders go to three airlines, two ride-sharing services, two delivery services and two retailers: Delta, United and JetBlue; Lyft and Uber; DoorDash and Instacart; Target and Walmart. The FTC wants the inputs, tools and procedures each company uses to set or adjust prices and compensation, the release says, along with whether the numbers shift by customer.
On pay, the agency asks whether drivers’ compensation is personalized, using data such as phone usage or acceptance history for past offers. The FTC’s wording on prices points to loyalty programs and to analysis of personal data by what it calls “superintelligence algorithms.”
What did Chairman Ferguson say?
FTC Chairman Andrew Ferguson said in the release that the agency intends “to scrutinize the opaque methodology that some companies in these industries may be using.” He added that consumers deserve to know whether companies use their web surfing habits or other personal data, and that workers deserve to know if their compensation is affected by how companies use their personal data.
The FTC says it can compel compliance in federal court if a company does not respond. The release does not say whether the agency will publish a report or when.
How did the companies respond?
The Associated Press, in a report carried on local news sites, quoted Delta as saying it has “zero tolerance for discriminatory or predatory pricing,” complies with pricing and advertising laws and has no fare product that uses personal data to make individualized offers. JetBlue told the AP it does not use personal information or web-browsing history to set individual prices.
The AP also pointed to Walmart’s chief executive, who said in September that the company does not use personal information such as income, shopping history or willingness to pay to set prices, and will not do so in the future. The AP’s report did not carry responses from Target or DoorDash.
Why is this coming now?
The FTC says it issued a personalized pricing study in mid-2024 and released staff findings days before President Trump took office. The release says that study examined only middlemen consultancies, not the companies that set prices, so it learned nothing about actual pricing decisions. Ferguson has called the earlier report rushed, the AP noted.
In August, the Commission sought public comment on a proposed enforcement policy statement about undisclosed use of personal information to set individualized prices, and the AP reports the comment period was extended to Nov. 21. Lawmakers in at least 30 states considered pricing-related bills this year, including bills on algorithmic and personalized pricing, according to the National Conference of State Legislatures figures the AP cited.
Paying full fare when a senior discount exists?
Whether any of these nine companies tailors prices is what the orders are meant to find out, and the companies have 45 days from receipt to answer. Until the FTC says more, a person on a fixed income is left paying whatever the screen shows for a flight, a ride or a grocery order.
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This article was produced with AI assistance and edited for accuracy against the sources linked above.
Warren Cohen is a finance writer based in Phoenix, Arizona, covering personal finance topics including credit, banking, and beginner investing. He earned his degree in business administration from Arizona State University and began his career working in consumer finance, where he gained direct experience with lending and credit systems. He now writes for personal finance websites and fintech platforms, focusing on clear, practical content that helps readers make informed financial decisions.
