The FTC announced it is seeking public comment on a proposed enforcement policy statement regarding personalized pricing, which is the use of personal data to set prices based on what a company believes an individual consumer is willing to spend. The statement warns that undisclosed collection or use of personal data for personalized pricing could violate the FTC Act's prohibition on unfair or deceptive practices. The Commission voted 2-0 to authorize the Federal Register notice.
No monetary penalty or specific remedy imposed. The FTC is seeking public comment on a proposed enforcement policy statement that would put businesses on notice that undisclosed personalized pricing practices may violate the FTC Act. The statement is a policy/guidance document, not a final enforcement action.
In-house legal teams should review vendor agreements, data processing agreements, and customer-facing terms to identify any provisions that permit the use of personal data for personalized or dynamic pricing. Specifically, they should examine data use clauses, privacy policies, and consent mechanisms to ensure that any collection or use of consumer data for pricing purposes is clearly disclosed. Vendor agreements with marketing, analytics, or pricing technology providers should be audited to confirm that data flows are properly documented and that any use of consumer data for price-setting is either eliminated or accompanied by clear, conspicuous disclosure to consumers. Additionally, teams should monitor FTC guidance on this topic and consider adding contractual obligations requiring vendors to notify them of any data use that could implicate personalized pricing concerns.
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Federal Trade Commission
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OtherOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-seeks-comment-enforcement-policy-statement-regarding-personalized-pricing
federal trade commissions proposed enforcement policy statem
https://www.ftc.gov/legal-library/browse/federal-trade-commissions-proposed-enforcement-policy-statement-regarding-personalized-pricing
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"FTC Seeks Comment on Enforcement Policy Statement Regarding Personalized Pricing"
"Federal Trade Commission"
"August 19, 2026"
"personalized pricing, which is the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to spend"
"The statement goes on to note that the undisclosed collection or use of personal data for the purpose of personalized pricing could violate the FTC Act, which prohibits unfair or deceptive practices in the marketplace."
"an enforcement policy statement"
The FTC issued a policy statement abandoning disparate-impact liability, stating it will no longer bring claims based on this theory. It also modified compliance obligations for several companies based on past decisions.
The FTC is seeking public comment on a proposed policy statement addressing concerns that AI companies may be manipulating AI system outputs contrary to consumer expectations for objectivity and accuracy. The statement explains that such conduct could be considered deceptive under Section 5 of the FTC Act. The public comment period runs until July 31, 2026.
The Federal Trade Commission (FTC) announced it submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) regarding online food delivery service fees to the Office of Management and Budget (OMB) for review on April 10, 2026. The ANPRM is classified as a 'significant regulatory action' under Executive Orders 12866 and 14215, requiring review by OIRA before public issuance. This press release does not describe an enforcement action against a private entity, nor any privacy-related violations or penalties.
On March 20, 2026, FTC Chairman Andrew N. Ferguson directed FTC staff to form a Healthcare Task Force to coordinate healthcare enforcement and advocacy efforts. The task force will focus on targeted enforcement initiatives, agencywide investigation strategies, amicus opportunities, and identifying emerging enforcement priorities. It will also seek partnerships with other federal agencies including HHS and DOJ to advance healthcare competition and consumer protection.
Attorney General William Tong of Connecticut led a bipartisan coalition of 30 state attorneys general in submitting comments to the Federal Trade Commission. The comments aim to improve collaboration between the FTC and state AGs to prevent and prosecute unfair and deceptive practices, addressing issues raised by the AMG Capital decision that may limit restitution. The coalition emphasizes the importance of joint efforts for national consumer protection.
$4.0M
The FTC and Connecticut secured a $4 million settlement with Chase Nissan LLC (doing business as Manchester City Nissan) over allegations the dealership charged consumers unauthorized fees, including double-charging for 'certified pre-owned' vehicles and inserting charges like total loss protection into financing agreements without consent. The settlement requires $4 million in consumer redress, prohibits misrepresentations about vehicle certification and warranties, mandates prominent disclosure of the maximum total vehicle price, and requires express informed consent for all charges.