Exclusive-US FTC demands Walmart, Uber, Delta and others hand over data on personalized pricing

The US Federal Trade Commission is demanding information from Walmart, Uber, Target, Lyft, DoorDash, Instacart, Delta, United and JetBlue about whether and how they use consumers' personal data — including location, browsing history and income — to set individual prices, wages and job offers, a senior FTC official said on Wednesday. The FTC will use the data to publish a study informing regulators and lawmakers on personalized pricing and wage setting, as algorithmic pricing tools incorporating AI raise concerns that companies extract the maximum each shopper will pay. FTC Chairman Andrew Ferguson has said personalizing pricing could violate consumer protection laws where consumers do not expect it and that companies should expect enforcement, while the National Retail Federation has defended data-driven discounts as loyalty incentives.

By Jody Godoy Oct 28 Reuters - The US Federal Trade Commission is demanding information from Walmart, Uber and seven other companies on whether and how they use consumers' personal data such as location, browsing history and income to set individual prices, wages and job offers, a senior FTC official said on Wednesday. The FTC is flexing its consumer protection powers ahead of the US congressional elections next week, as voters consistently rank the cost of living as the most important issue. Target, along with app services Lyft, DoorDash and Instacart, and airlines Delta, United, JetBlue, are also receiving demands, the official said. The FTC will use the information to eventually publish a study to help inform regulators and lawmakers about personalized pricing and wage setting practices. The advance of algorithmic pricing technology, including tools that incorporate AI, has fueled concern that companies are able to set prices for shoppers on an individual basis in order to extract the maximum price each shopper would be willing to pay. Personalized pricing strategies are difficult to observe from the outside, because they serve different prices to different people. The FTC study aims to fill in that knowledge gap, demanding comprehensive information about the tools, strategies, and data companies use as well as how they affect prices, wages and job offers. Efforts by state lawmakers to ban personalized pricing, along with the use of algorithms to individually tailor wages, have taken off in recent years. The National Retail Federation has criticized the laws and defended retailers' use of data-driven discounts as a means of incentivizing loyalty. FTC Chairman Andrew Ferguson has said personalizing pricing could violate consumer protection laws where consumers do not expect it and that companies should expect enforcement. After the FTC called for public comment, hundreds of commenters urged the FTC to ban the practice outright. The FTC has said it does not have the authority to issue a blanket prohibition against the practice. Reporting by Jody Godoy in New York; editing by Chris Sanders and Nick Zieminski