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FTC Extends Public Comment Period on Proposed Enforcement Policy Statement Regarding Personalized Pricing

N/A (no entity named - agency policy announcement)September 3, 2026Federal Trade Commission

Summary

The FTC announced a seven-day extension of the public comment period on its proposed enforcement policy statement regarding personalized pricing, pushing the deadline from Sept. 18, 2026 to Sept. 25, 2026. Personalized pricing refers to using personal data to set prices based on what the company believes an individual consumer is willing to spend. This is a procedural announcement about draft agency guidance, not an enforcement action against any company, and no entity was named, no violation found, and no penalty imposed.

Remedy

No remedies imposed. This press release merely announces that the public comment period on the FTC's proposed enforcement policy statement regarding personalized pricing was extended by seven days, with a new deadline of Sept. 25, 2026. Comments may be submitted electronically via the regulations.gov docket FTC-2026-1057.

Contract Impact

Although no enforcement action was taken, companies should prepare for a future FTC enforcement policy statement on personalized pricing by reviewing vendor and customer agreements for clauses that permit or govern the use of personal data in pricing decisions. In-house teams should examine data processing and data use limitation provisions in contracts with analytics, ad tech, e-commerce platform, and pricing-software vendors to determine whether consumer data (browsing behavior, purchase history, location, demographics) may be used to set individualized prices, and whether such uses require additional disclosure or consent. Privacy policies and customer terms of service should be checked for any commitment that prices are uniform or that data will not be used for differential pricing, and vendor agreements may need added representations, warranties, and audit rights requiring pricing algorithms to comply with emerging FTC guidance on surveillance pricing.

Contract Search Terms

personalized pricingsurveillance pricingdynamic pricingprice discriminationwillingness to pay datapersonal data pricingprice optimization vendorconsumer data analytics

Violation Types

Entity Details

Entity

N/A (no entity named - agency policy announcement)

Industry

Other

Official Sources

Source Evidence

Title
"FTC Extends Public Comment on Proposed Policy Statement Regarding Personalized Pricing"
Event Date
"September 3, 2026"
Event Type
"the proposed [enforcement policy statement regarding personalized pricing](/legal-library/browse/federal-trade-commissions-proposed-enforcement-policy-statement-regarding-personalized-pricing). The new deadline to submit comments is Sept. 25, 2026."
Remedy Summary
"The Federal Trade Commission extended by seven days the public comment period"
Violation Types
"Personalized pricing refers to the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to spend."
Document Urls
"https://www.regulations.gov/docket/FTC-2026-1057"

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