FTC demands pricing data from major brands

The U.S. Federal Trade Commission is ordering Delta Air Lines, Walmart, and six other major companies to hand over detailed records on how they use consumer data to set prices. The agency issued the orders on Wednesday. The list of companies includes United Airlines, JetBlue, Lyft, DoorDash, Instacart, and Target. Each firm must provide information that shows whether prices for tickets, rides, or goods change from one customer to the next. The FTC wants to know if factors like loyalty program status or personal data analysis drive these differences.

FTC Chairman Andrew Ferguson said the agency intends to scrutinize the opaque methods some companies use to determine consumer costs. He also noted the commission is studying how ride-sharing and delivery firms use driver data. The focus is on how personal information, such as phone usage or ride acceptance history, affects compensation rates for independent workers. Ferguson stated the goal is to see how much gig workers are paid for the same services.

Delta Air Lines responded to the order by saying it has zero tolerance for discriminatory or predatory pricing. The airline claimed it fully complies with existing pricing and advertising laws. A company statement added that no fare product Delta has used, is testing, or plans to use targets customers with individualized offers based on personal data. JetBlue also issued a statement. It said fares are determined by demand and seat availability, not personal information or web-browsing history. The airline asserted that all customers have access to the same fares.

Walmart's CEO made a similar claim last month. He stated the retailer does not use personal information like income or shopping history to set prices. The CEO said the company will not use such data in the future. The Associated Press reached out to Walmart, Target, and other named companies for additional comment. The FTC said it can compel compliance in federal court if the companies fail to turn over the required data.

These actions follow growing customer concern over pricing technology and artificial intelligence. According to the National Conference of State Legislatures, legislators in at least 30 states have considered pricing-related bills this year. Those measures address algorithmic and personalized pricing. In August, the FTC proposed a policy requiring businesses to clearly disclose if they engage in personalized pricing. The agency also extended the comment period on that policy until November 21.

A preliminary report filed in January 2025 found that grocers and clothing companies used third-party firms to individualize online prices. That report cited factors like shopper location, browsing history, and how long items stayed in virtual carts. Ferguson, who assumed the chairmanship when President Donald Trump took office, said that January report was rushed. He argued the agency should have asked companies directly for data instead of focusing on third-party intermediaries.