FTC Orders Eight Retailers To Share Pricing Data

The Federal Trade Commission is demanding detailed records from eight major companies to determine if individual compensation and pricing vary based on personal data. The agency issued orders on Wednesday to Delta Air Lines, Walmart, United, JetBlue, Lyft, DoorDash, Instacart, and Target. Each firm must provide information that allows the commission to assess whether ticket prices, ride fares, food delivery costs, or other service rates differ from one person to the next.

The FTC is specifically examining how companies utilize consumer data, including loyalty program participation and personal analytics, to set costs. The agency is also investigating how ride-sharing and delivery platforms compensate independent drivers. Regulators want to know if pay rates are influenced by personal metrics such as phone usage history or the frequency with which drivers accept work requests. If the companies do not voluntarily turn over the requested data, the FTC said it can force compliance through federal court proceedings.

FTC Chairman Andrew Ferguson said the agency intends to scrutinize the opaque methods some firms use to determine consumer spending and worker pay. Ferguson, who assumed the chairmanship when President Donald Trump took office, noted that a preliminary report filed in January 2025 found that grocers and clothing companies were using third-party firms to individualize online prices. Those third-party companies used factors like shopper location, browsing history, and how long items sat in virtual shopping carts. Ferguson stated that the 2025 report was rushed and argued the agency should have requested data directly from the companies rather than relying on intermediaries.

Several of the targeted firms have pushed back against the premise that they use personal data to set prices. Delta said it has zero tolerance for discriminatory or predatory pricing and fully complies with relevant laws. The airline stated that it has never used, is not testing, and plans not to use fare products that target customers with individualized offers based on personal data. JetBlue similarly said it does not use web-browsing history or personal information to set individual prices, noting that fares are determined by demand and seat availability.

Instacart said its shopper compensation is based solely on job-related criteria, including distance traveled, item count, and expected shopping time. The grocery delivery company also stated that it does not use consumer personal information to set prices, which are set by the retailers it serves. A spokesperson for Instacart said the company is committed to transparency and improving affordability. Walmart’s CEO said in a statement last month that the retailer does not use personal information such as income or shopping history to set prices. Target recently posted on its website that it does not use personal information to raise prices based on who customers are, where they live, or when they shop.

The commission's actions align with a growing legislative interest in pricing technology. According to the National Conference of State Legislatures, legislators in at least 30 states have considered pricing-related bills this year. These measures address algorithmic and personalized pricing practices. In August, the FTC announced a proposed policy requiring businesses to clearly disclose if they engage in personalized pricing. The agency must also share the types of data used to set those prices. The comment period for that specific policy has been extended until November 21.