CAP’s Response to the FTC’s Proposed Enforcement Policy Statement on Personalized Pricing

On September 25, 2026, the Center for American Progress submitted comments in response to the Federal Trade Commission’s (FTC) request for public comment on its proposed enforcement policy statement regarding personalized, or surveillance, pricing. The proposed statement addresses the use of consumers’ personal data to set individualized prices based on what a company believes a particular consumer is willing to pay.

CAP welcomes the commission’s recognition that personalized pricing practices can implicate its authority and responsibility to protect consumers from unfair or deceptive practices. However, the comment argues that disclosure alone will not adequately protect consumers as artificial intelligence makes it cheaper and easier for businesses to analyze large amounts of personal data and tailor prices at an increasingly individual level.

Drawing from CAP’s recent analysis “5 Ways the FTC Can Protect Americans From AI-Fueled Surveillance Pricing,” the comment urges the FTC to pair transparency with stronger substantive protections. These include giving consumers meaningful control over whether their personal information is used for individualized price-setting; distinguishing legitimate dynamic pricing based on market conditions from surveillance pricing based on an individual’s personal information; establishing guardrails around the data and inferences that can be used to set prices; clarifying where consumers reasonably expect prices to be the same for similarly situated consumers; and preserving legitimate loyalty and rewards programs while preventing them from becoming vehicles for broader commercial surveillance.

Click here to read CAP’s comment letter.