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FTC orders nine firms to turn over data on personalized prices and pay

The Federal Trade Commission on Oct. 28 ordered Delta, Uber, Walmart and six other companies to produce records on how they use personal data to set consumer prices and gig-worker pay, the agency said.

What's new
  1. The Record, WHIO and Reuters are now reporting this
  2. New headline Was: “FTC orders Delta, Uber and others to hand over data on algorithmic pricing”
  3. Our desk filed its story
  4. The Guardian is now reporting this
  5. New headline Was: “FTC demands Walmart, Uber, Delta and others hand over data on personalized pricing: Reuters”

The Federal Trade Commission on Oct. 28 ordered nine large airlines, ride-hail, grocery and delivery companies to produce records on how they use personal data to set consumer prices and worker pay3.

The Section 6(b) orders went to Delta, United, JetBlue, Uber, Lyft, DoorDash, Instacart, Target and Walmart, the commission said3,2. Recipients have 45 days after receiving the orders to respond, and the agency said it can seek a federal court order if a company does not comply3,4.

The study is not itself a law-enforcement action3. The commission said it wants to know whether prices for tickets, rides, deliveries or other goods vary from person to person based on loyalty-program status or analysis of personal data, including what it called superintelligence algorithms3,2.

Ride-hail and food-delivery firms may also be asked for the inputs, tools and procedures used to set shifting gig pay, including phone use and past offer-acceptance history, the agency said3,2. Airlines typically use posted salaries or hourly wages, the release said3.

FTC Chairman Andrew N. Ferguson said the agency intends to examine opaque methods some firms may use to set what consumers pay or gig workers earn for the same product or service3. The commission vote to issue the orders was 2-03.

The Guardian, in the portion of its story that loaded, tied the orders to a July 2024 Biden-era inquiry that sought information from firms that sold surveillance-pricing products, including McKinsey and JPMorgan Chase1. The Record reported that Ferguson later closed that probe after objecting to former Chair Lina Khan's January 2025 staff findings, which drew on consultancies rather than the retailers and platforms that set prices2.

The FTC said the 2024 study examined middleman consultancies and that the agency learned nothing about actual pricing decisions from it3. The new orders, it said, go to companies that may be setting personalized prices themselves3,4.

In August the commission invited comment on a proposed enforcement policy statement on whether undisclosed use of personal information to set a unique price could violate the FTC Act3,2. WHIO, citing the same release, said the agency plans a public study for regulators and lawmakers4. Reuters first reported the announcement, according to WHIO; the Reuters exclusive was not readable in full here4,5. Company responses were not in the materials reviewed.

Sources

  1. The GuardianFTC orders Delta, Uber and others to hand over data on algorithmic pricing
  2. The RecordFTC to probe major companies over personalized pricing and pay
  3. FTCFTC Launches Personalized Pricing and Compensation Inquiry
  4. WHIOFTC demands Walmart, Uber, Delta reveal data on personalized pricing
  5. ReutersEXCLUSIVE: US FTC demands Walmart, Uber, Delta and others hand over data on personalized pricing

How it’s being reported

4 sources

First reported by FTCFTC

Where they agree

  • Nine named companies received compulsory 6(b) orders.
  • The inquiry covers consumer prices and, for gig platforms, worker pay.
  • Recipients have 45 days; the FTC can seek court enforcement.

Where they differ

How the 2024 surveillance-pricing work relates to this inquiry

Side by side

Each outlet's article broken down by our newsroom, in our own words. To read what they wrote, use the button under each one.

The RecordThe Record

FTC to probe major companies over personalized pricing and pay

Privacy and gig-worker compensation, plus the shift away from Lina Khan's 2024 probe.

Reports the nine 6(b) orders, gig-pay data demands, and how Ferguson closed the 2024 consultancy study.

Leaves out The 2-0 Commission vote.

Privacy and gig-worker compensation, plus the shift away from Lina Khan's 2024 probe.

What it reports

  • Orders went to JetBlue, Delta, United, Lyft, Uber, DoorDash, Instacart, Walmart and Target.
  • Firms have 45 days to respond or face court compulsion.
  • Inquiry covers whether prices or pay vary by loyalty data or 'superintelligence' analysis of personal data.
  • Ferguson had closed the 2024 consultancy study and objected to Khan's late findings release.
  • August 2026 proposed policy statement asked whether undisclosed personalized prices can violate the FTC Act.

Leaves out The 2-0 Commission vote.

WHIOWHIO

FTC demands Walmart, Uber, Delta reveal data on personalized pricing

Section 6(b) power and the 45-day clock.

Cox Media Group national desk recap of the FTC orders; notes Reuters first reported the announcement.

Leaves out Commission vote and August policy statement.

Section 6(b) power and the 45-day clock.

What it reports

  • Nine companies were contacted, including JetBlue, Lyft, United, DoorDash, Instacart and Target.
  • Section 6(b) of the FTC Act authorizes the information demand.
  • Noncompliance can be compelled in federal court.
  • The FTC says it will publish a study for regulators and lawmakers.
  • Recipients have 45 days to respond.

Leaves out Commission vote and August policy statement.