November 1, 2026 09:00 AM PST
(PenniesToSave.com) – Most people assume the price on a screen is the price everyone else sees. A plane ticket, a grocery delivery, or a ride across town should cost the same for two neighbors booking at the same moment. Federal regulators now want proof. On Wednesday, October 28, the Federal Trade Commission ordered nine major companies to explain how they use personal data to set the prices customers pay and the wages gig workers earn [4]. The list includes some of the most familiar names in American commerce: Delta Air Lines, United Airlines, JetBlue, Lyft, Uber, DoorDash, Instacart, Target, and Walmart [1].
The inquiry touches spending that shows up in nearly every household budget, from airfare to weekly groceries. FTC Chairman Andrew Ferguson said consumers deserve to know whether companies use their web habits or other personal data to find the most each person is willing to pay [2]. Each company has 45 days from receipt of its order to respond [1]. Importantly, the order is a request for documents and does not by itself indicate that any company is engaged in the practice [5]. What the companies hand over, and what regulators do with it, could shape how prices are set across a large share of everyday spending.
Quick Links
- What Exactly Is the FTC Asking These Companies to Hand Over?
- How Is Personalized Pricing Different From Ordinary Dynamic Pricing?
- What Are the Companies Saying in Response?
- How Does This Inquiry Differ From Earlier Federal Efforts?
- What Are the Limits of What Regulators Can Actually Do?
- What Steps Make Sense While the Inquiry Plays Out?
What Exactly Is the FTC Asking These Companies to Hand Over?
The request is broad. Each company must provide information that lets the agency judge whether the price of a ticket, a ride, a food delivery, or another product varies from one person to the next [4]. The FTC says it is examining factors such as participation in loyalty programs and the analysis of personal data by what its request calls super-intelligence algorithms [6]. Two outlets reported a shorter version of the same criteria that ends at the analysis of personal data [3][4].
The nine companies span four industries. Delta, United, and JetBlue represent air travel. Uber and Lyft cover ride-hailing. DoorDash and Instacart handle delivery, while Target and Walmart round out the list as two of the largest retailers in the country [6].
“…to estimate the highest price they can charge each consumer.”
FTC Chairman Andrew Ferguson [1]
The inquiry also reaches the people who drive and shop for these platforms. The FTC said ride-hailing and delivery companies may set pay using personal data such as phone usage or a worker’s history of accepting past offers [1]. The agency wants to know whether two workers doing the same job can be paid differently based on that information [4].
The request carries weight. If a company fails to turn over the information, the agency said it could go to federal court to compel compliance [4]. Most outlets described the documents as orders, though one called the request a letter [2]. NBC Chicago noted that the order is simply a document request, with answers expected after the FTC completes its analysis [5].
How Is Personalized Pricing Different From Ordinary Dynamic Pricing?
Not every price change is a red flag. Dynamic pricing, which adjusts prices for everyone based on broad factors like demand and competitor prices, is a long-standing practice and is not the subject of this inquiry [3]. A fare that rises for every traveler as seats fill up falls into that category, since every customer faces the same number at the same moment [1].
Personalized pricing works differently. It adjusts the price for one individual based on that person’s data, which can include shopping habits, location, and time of day [3]. Browsing history is another possible input, according to the FTC [1]. Critics call the practice surveillance pricing, while the FTC uses the term personalized pricing, which Gizmodo describes as the label preferred by companies that use it [2].
Loyalty programs sit near the center of the question. Many shoppers join them for discounts, and knowing how rewards programs can work in a shopper’s favor has long been part of smart spending. Regulators now want to know whether membership data also feeds into what members are charged [4].
Technology adds another layer. Several states have introduced legislation to ban electronic shelf labels that could change in-store prices based on shopper habits [6]. Lindsay Owens, president of the advocacy group Groundwork Collaborative, pointed to a Walmart patent describing how such labels might raise the price of mayonnaise once a shopper has already picked up tuna [2]. Walmart has denied any desire to use that technology [2]. A fair market rests on a simple premise: a posted price means the same thing for everyone.
What Are the Companies Saying in Response?
Several companies responded quickly, and their statements deserve a fair hearing. Delta said it has zero tolerance for discriminatory or predatory pricing and fully complies with pricing and advertising laws [4]. The airline denied ever using, testing, or planning a fare product that targets customers based on personal data [1]. Reports differ slightly on the wording, with two outlets quoting Delta as referring to individualized offers and another quoting it as referring to individualized prices [2][3]. Bring Me The News reported that the statement echoes one Delta made in August 2025 [3].
JetBlue said it does not use personal information or web browsing history to set individual fares, and that fares depend on demand and seat availability [1]. Instacart said it does not and will not use personal information to set prices [2]. The company added that prices on its site are set by the retailers it serves, and that shopper pay depends only on job factors like distance, item count, and expected shopping time [4].
Target pointed to an online question and answer document stating that it does not raise prices based on who customers are, where they live, or when they shop [3]. It also said it does not adjust prices by time of day or during periods of high demand [3].
“We price the product, not the person.”
Walmart CEO John Furner [3]
Walmart’s position came from the top. CEO John Furner said last month that the retailer does not use income, shopping history, or willingness to pay to set prices, and will not do so in the future [4]. Bring Me The News described his message as a letter to customers responding to concerns about digital shelf labels [3]. United, Lyft, Uber, and DoorDash had not commented as of initial reporting [1]. Owens argued that if the companies truly set prices by product rather than by customer, complying with the order should pose no problem [2].
How Does This Inquiry Differ From Earlier Federal Efforts?
This is not the first federal look at personalized pricing. In July 2024, under the Biden administration, the FTC demanded information from firms that offered pricing products to consumer-facing businesses [6]. Accounts of who received those orders differ. The Guardian named McKinsey and JPMorgan Chase among them [6], while NBC Chicago listed Mastercard, Accenture, PROS, Bloomreach, Revionics, and McKinsey [5].
The agency released preliminary findings in January 2025. Staff found that grocers, clothing companies, and others used third-party firms to individualize online prices based on location, browsing history, and even how long items sat in a virtual cart [4]. NBC Chicago reported the data showed mouse movements on a webpage could also be tracked and used to tailor prices [5]. Then-Chair Lina Khan said at the time that the agency should keep investigating because people deserve to know how their data shapes what they pay [5].
Ferguson, who became chairman when President Donald Trump took office, has called that report rushed [4]. He said the agency should have asked the companies directly for data rather than focusing on third-party intermediaries [4]. The current inquiry takes that approach, going straight to the businesses that set prices and putting evidence ahead of conclusions.
In August, the FTC took another step, though accounts differ on its nature. Gizmodo reported that the agency said companies may be breaking the law by engaging in the practice [2]. The Associated Press described a proposed policy that would require businesses to disclose personalized pricing and the types of data used to set those prices [4]. Interest in the issue crosses party lines, as Owens testified as a witness for Republican Sen. Josh Hawley of Missouri before the Judiciary Committee [2].
What Are the Limits of What Regulators Can Actually Do?
The FTC’s reach has limits, and they matter here. The Guardian reported that the agency’s authority over unfair or deceptive practices excludes banking and airlines, which means it cannot impose fines or regulations on the three airlines named [6]. That point comes from a single report and was not addressed in other coverage. Still, airlines account for a third of the companies receiving orders.
A study is also not a rule. Rohit Chopra, a former FTC commissioner who now leads California’s new Business and Consumer Protection Agency, said past studies of this kind have not produced reports that led to rulemaking changes [6]. Whether this inquiry results in substantial changes to consumer laws or company practices remains unclear [6].
States are moving on their own. Lawmakers in at least 30 states have considered pricing bills this year, including measures on algorithmic and personalized pricing, according to the National Conference of State Legislatures [4]. Four states have already passed surveillance pricing laws, and Illinois lawmakers are weighing restrictions of their own [5]. Some states have also introduced legislation targeting electronic shelf labels [6].
That patchwork raises a practical question. Protections that change at every state line can leave consumers in one state with more information than their neighbors across the border. Whether a mix of state rules or a single national disclosure standard serves people better is a debate this inquiry may sharpen. In the meantime, the FTC’s consumer protection division has joined states in some cases to pursue legal action and penalties against companies [6].
What Steps Make Sense While the Inquiry Plays Out?
The inquiry will take time, but a few practical steps make sense now. Loyalty programs are one of the factors regulators are examining [4]. Membership often brings real savings, so the question is not whether to quit but whether the perks outweigh the data being shared. Reviewing what each program collects and what it actually saves is a reasonable place to start.
Price comparisons can also help. JetBlue says every customer sees the same fares on its website and mobile app [2]. Checking a price on more than one device or account is a simple way to see whether the same holds true elsewhere. Keeping a record of what each trip, ride, or delivery actually cost makes patterns easier to spot, and the best ways to track expenses apply here as much as anywhere.
The public also has a voice. The FTC extended the comment period on its proposed disclosure policy until November 21 [4]. Anyone who wants to weigh in on whether businesses should be required to disclose personalized pricing has a few weeks left to do so.
Drivers and shoppers who work for gig platforms have a stake of their own. Phone usage and acceptance history are among the factors the FTC is examining for worker pay [1]. Tracking offers and earnings over time can show whether pay shifts in ways that are hard to explain.
Caution is also warranted with viral claims. Shoppers have shared shifting prices on social media, suggesting they see different prices than other consumers [3]. Those posts raise fair questions, but it remains unclear whether or how companies are using the practice, which is why the inquiry exists [5].
Final Thoughts
The FTC has given nine of the best-known companies in the country 45 days to explain how personal data shapes prices and pay [5]. Several have already denied using personal data to set individual prices, and those denials are now on the record [4]. The inquiry is a test of those claims, not a verdict on them.
That distinction matters. Fair and transparent pricing is what keeps a competitive market trustworthy. If companies set prices by product rather than by customer, the documents should show it. If not, regulators and lawmakers will have hard evidence to work with rather than assumptions.
Skeptics have reason to watch closely, since past studies have not always led to change [6]. Supporters argue that opening the books is the clearest way to give consumers a look inside pricing systems [2]. Both sides share an interest in the facts.
Until those answers arrive, the most dependable protection remains a careful eye on spending. Simple habits, like ways to cut back on everyday expenses, keep more money in the budget no matter how prices are set. The next 45 days will help show whether the price on the screen really is the same for everyone.
Works Cited
[1] Sinkewicz, Michael. “FTC Probes Whether Major US Companies Charge Customers Different Prices Using Personal Data.” Fox Business, 29 Oct. 2026, www.foxbusiness.com/personal-finance/ftc-probes-whether-major-us-companies-charge-customers-different-prices-using-personal-data.
[2] Novak, Matt. “Feds Demand Info on Surveillance Pricing From 9 Companies, Including Walmart, Uber, and Delta.” Gizmodo, 29 Oct. 2026, gizmodo.com/feds-demand-info-on-surveillance-pricing-from-9-companies-including-walmart-uber-and-delta-2000832173.
[3] Nelson, Dustin. “9 Companies, Including Target and Delta, Subject of Federal Investigation into Personalized Pricing.” Bring Me The News, 29 Oct. 2026, bringmethenews.com/minnesota-lifestyle/9-companies-including-target-and-delta-subject-of-federal-investigation-into-personalized-pricing.
[4] Durbin, Dee-Ann. “FTC Orders Walmart, Delta and Others to Share How They Use Personal Data to Set Prices and Pay.” AP News, 28 Oct. 2026, apnews.com/article/prices-personal-data-walmart-doordash-delta-uber-19c634a5205557ebe0af99ec5c3a729a.
[5] Randhawa, PJ, et al. “Major Companies Like Target, Walmart Now at Center of FTC Probe into Pricing Concerns.” NBC Chicago, 30 Oct. 2026, www.nbcchicago.com/consumer/major-companies-like-target-walmart-now-at-center-of-ftc-probe-into-pricing-concerns/4009696/.
[6] Timmons, Heather. “FTC Orders Delta, Uber and Others to Hand Over Data on Algorithmic Pricing.” The Guardian, 29 Oct. 2026, www.theguardian.com/us-news/2026/oct/29/delta-uber-ftc-pricing.