FTC proposes personalized pricing disclosure rule

On August 19, 2026, the United States — Federal Trade Commission (FTC) released a proposed policy that would require companies to clearly disclose when they use personalized pricing based on consumer data. FTC Chairman Andrew Ferguson stated that the FTC lacks authority to ban the practice outright but can require transparency under the FTC Act. The proposal follows a January 2025 FTC report documenting retailers' use of third-party data to individualize prices. The FTC is seeking public comment for 30 days. Retail trade groups, including the National Retail Federation, FMI Corporation, and the Retail Industry Leaders Association, expressed concerns about protecting loyalty programs. Several states, including United States — Maryland, United States — Connecticut, and United States — New Jersey, have already passed laws banning personalized pricing at grocery stores, while United States — California and United States — New York are considering similar legislation. Consumer Reports endorsed the FTC's move but urged a full ban.