The Federal Trade Commission is demanding that nine major US companies disclose how they use algorithms and loyalty programs to set different prices for the same products and services. Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart have been named in the inquiry, which follows investigations and lawsuits alleging that consumers are charged different prices based on their purchasing histories and gig workers are paid different fares based on their personal data.
The FTC said companies must provide information showing whether pricing for tickets, ride-shares, food deliveries and other products or services varies from person to person based on factors including loyalty program participation or analysis of personal data. FTC chair Andrew Ferguson said the agency will "scrutinize the opaque methodology that some companies in these industries may be using to determine how much consumers pay or how much gig workers are paid for the same product or service". The FTC found in January 2025 that "details like a person's precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services".
The inquiry builds on a July 2024 investigation by the Biden administration into surveillance pricing, which demanded information from McKinsey, JPMorgan Chase and others offering surveillance pricing products to consumer-facing companies. Several states have begun introducing legislation to ban surveillance pricing and electronic shelf labels that adjust prices based on shoppers' habits and online information.
However, the FTC's authority to enforce findings is limited. The regulator cannot impose fines or regulations on the airlines named in the inquiry, as banking and airlines are excluded from its jurisdiction. While the Trump administration has rolled back corporate regulations, the FTC's consumer protection division has joined with states in some instances to pursue legal action and penalties against companies.
Whether the inquiry will produce meaningful results remains uncertain. Rohit Chopra, a former FTC commissioner now heading California's Business and Consumer Protection Agency, said that previous FTC studies "have not been using these studies that produce meaningful reports that ultimately lead to any rule-making changes". The investigation's impact on consumer laws or company practices is unclear.