FTC Extends Comment Period on Personalized Pricing Enforcement

The Federal Trade Commission extended by seven days its public comment period on a proposed enforcement policy statement regarding personalized

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The Federal Trade Commission extended by seven days its public comment period on a proposed enforcement policy statement regarding personalized pricing on Sept. 3, as it prepares one of the most significant consumer protection interventions of the data-economy era.

Personalized pricing — the practice of charging different consumers different prices for the same product or service based on algorithmic analysis of their data — affects millions of online shoppers across retail, travel, insurance and financial services, often without their knowledge.

The extension, with a new deadline falling in mid-September, suggests significant industry engagement with the proposed policy. Comment period extensions are typically granted in response to high volumes of public input or requests from stakeholders seeking additional time.

The policy statement would establish the FTC’s enforcement posture toward data-driven price discrimination — defining when personalized pricing crosses the line from competitive practice to unfair or deceptive conduct under federal consumer protection law.

For American consumers, the stakes are direct and personal. Research has shown that companies use browsing history, location data, device type and purchase patterns to adjust prices in real time, meaning two shoppers looking at the same product on the same website may see different prices.

The practice is largely invisible to consumers, who typically have no way to know whether they are being charged more than another buyer for an identical item. The FTC’s policy statement could require disclosures or set boundaries on the practice.

Industries where personalized pricing is most prevalent include airline tickets, hotel bookings, ride-sharing services, insurance quotes and online retail. The comment period extension allows all affected parties additional time to submit input.

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