A coalition of policy groups has asked the Federal Trade Commission to substantially change its proposed policy statement on personalized pricing (Docket FTC-2026-1057). The comments ask the Commission to define the practice narrowly, as a price set for one consumer from that consumer’s own data, and to require evidence tying the data to the price charged and the harm claimed before alleging deception or unfairness. The final statement, they argue, should protect discounts and routine price changes, judge each company by its own conduct, and add no new legal obligations.
The comments note that the FTC has released only aggregated findings from its confidential pricing study, that the proposal itself calls the practice’s reach and effects unclear, and that economic research finds those effects can cut either way. That record calls for case-by-case evidence, not presumptions. The signers agree that hidden use of personal data can harm consumers but warn that vague standards could raise compliance costs and chill discounts and lawful price competition. SPPI joined the coalition, led by National Taxpayers Union.