On Oct. 28, 2026, the Federal Trade Commission announced a broad Section 6(b) inquiry into the use of personal data and algorithmic decision-making to set consumer prices and gig-worker compensation. The FTC issued compulsory information requests to major airlines, ride-sharing platforms, food-delivery companies, and retailers.
According to the FTC, the inquiry will examine whether companies use consumers’ personal information, loyalty-program participation, browsing behavior, or other data inputs to determine individualized pricing. The agency also plans to investigate whether gig-economy platforms use workers’ personal data and behavioral metrics to influence compensation offers through algorithmic systems.
The announcement follows the FTC’s August 2026 request for public comment on a proposed enforcement policy statement addressing undisclosed personalized pricing practices. The Commission stated that it intends to examine the actual pricing and compensation decisions of market participants, rather than third-party vendors and consultants.
The inquiry also reflects the FTC’s broader focus on how artificial intelligence and algorithmic systems can use large volumes of consumer and worker data to make consequential economic decisions. AI and machine-learning tools can process information such as location, browsing and purchase history, loyalty-program activity, phone usage, and prior acceptance of work offers, then use those inputs to tailor a price or compensation offer to a particular individual. The FTC’s concern is therefore not simply that companies use automated tools or adjust prices in response to market conditions; rather, the agency is focusing on whether opaque algorithms use personal data to produce individualized outcomes that consumers and workers may not reasonably expect or understand.
By seeking information directly from the businesses that set prices and compensation, the FTC appears to be examining the data inputs, models, procedures, and disclosures behind those decisions, and whether existing consumer-protection law adequately addresses AI-enabled pricing and compensation practices.
What the FTC’s Personalized Pricing Inquiry May Mean for Businesses
- The FTC continues to focus on the intersection of artificial intelligence, data collection, and consumer protection.
- Companies employing dynamic or individualized pricing models should consider evaluating the transparency of their disclosures and the data sources used in pricing decisions.
- Businesses that rely on algorithms to determine consumer-facing prices or worker compensation may wish to assess whether those practices might be characterized as deceptive, unfair, or insufficiently disclosed.
- Organizations might anticipate additional FTC scrutiny, information requests, and potential enforcement activity relating to personalized pricing and algorithmic compensation practices.