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.
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.
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.
Entity
N/A (no entity named - agency policy announcement)
Industry
Other"FTC Extends Public Comment on Proposed Policy Statement Regarding Personalized Pricing"
"September 3, 2026"
"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."
"The Federal Trade Commission extended by seven days the public comment period"
"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."
"https://www.regulations.gov/docket/FTC-2026-1057"
The FTC rescinded its 2021 Policy Statement on Breaches by Health Apps and Other Connected Devices, which had purported to apply the Health Breach Notification Rule to health apps and connected devices that collect consumer health information. The rescission follows the Commission's 2024 update to the Health Breach Notification Rule, which already covers health apps and connected devices like fitness trackers, and implements an executive order directing agencies to eliminate obsolete guidance documents. No company was charged or penalized; this is a deregulatory action.
$12.0M
The FTC alleged that payment processor Humboldt Merchant Services knowingly processed payments for more than 1,000 shell merchant entities serving as fronts for fraudulent companies engaged in unauthorized billing scams, despite red flags including chargeback rates nearly 10 times higher than card-brand thresholds. Under the proposed stipulated order filed in the U.S. District Court for the Eastern District of Michigan, Humboldt will pay $12 million for consumer redress and is permanently banned from processing payments for merchants with a heightened risk of potential fraud.
$4.8M
The FTC charged Canada-based payment processor Nuvei Corporation and its subsidiaries with knowingly processing payments for fraudulent merchants, including more than $30 million in payments for the Reimage tech support scam from 2017 to 2023, as well as merchants making false earnings claims and impersonating government tax authorities. Under the stipulated order filed in the U.S. District Court for the District of Arizona, Nuvei will pay $4.85 million for consumer redress, is banned from serving tech support telemarketers, and must implement robust merchant screening and chargeback monitoring practices. Note: this is a payments-fraud facilitation action under the FTC Act and Telemarketing Sales Rule, not a data privacy violation.
Colorado Attorney General Phil Weiser joined the FTC and 22 state attorneys general in filing a lawsuit against Amazon for manipulating the auctions used to set advertising prices, replacing actual auction results with higher prices since 2019 and overcharging nearly 1.2 million U.S. advertising customers. The FTC estimates total improper surcharges from 2018 to 2026 exceed $20 billion, with costs ultimately passed to shoppers through higher prices. The states seek a permanent injunction and monetary relief; no penalty has been imposed yet as this is a newly filed complaint.
$930K
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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.