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FTC Orders Major Retailers and Airlines to Disclose Data Usage for Pricing

The FTC ordered Walmart, Delta, Uber, and other firms to explain how they use personal data to set individualized prices for consumers and pay rates for gig workers.

Published October 28, 2026 at 5:12 PM EDT

The short answer

The FTC ordered Walmart, Delta, Uber, and other firms to explain how they use personal data to set individualized prices for consumers and pay rates for gig workers.

FTC Orders Major Retailers and Airlines to Disclose Data Usage for Pricing

The Facts

Who
FTC Chairman Andrew Ferguson and major corporations including Walmart, Delta Air Lines, and Uber.
What
The Federal Trade Commission (FTC) issued orders to nine major companies—Walmart, Target, Delta, United, JetBlue, DoorDash, Lyft, Instacart, and Uber—demanding information on how personal data and artificial intelligence are used to set individualized prices and gig worker compensation.
When
Wednesday, Oct. 28, 2026
Where
Washington, D.C.
Why
The agency aims to investigate whether companies are using personal data, such as browsing history, location, or loyalty program status, to charge different prices to different customers or to vary pay for gig workers based on behavioral history.

The U.S. Federal Trade Commission (FTC) issued orders on Wednesday, Oct. 28, 2026, requiring several major corporations to disclose how they utilize consumer and worker data to determine prices and compensation. The inquiry targets companies across the retail, airline, and gig economy sectors, including Walmart, Delta Air Lines, and Uber.

The orders come amid increasing consumer concern regarding the use of artificial intelligence and algorithmic pricing. In a preliminary report from January 2025, the FTC found that some retailers were using third-party services to individualize online prices based on shoppers' locations, browsing histories, and whether items were left in virtual carts. FTC Chairman Andrew Ferguson stated that the new orders are intended to scrutinize "opaque methodology" by collecting data directly from the companies rather than intermediaries.

The specific companies receiving orders include Walmart, Target, Delta Air Lines, United Airlines, JetBlue, DoorDash, Lyft, Instacart, and Uber. The agency is requesting detailed information to determine if prices for products and services vary between individuals based on loyalty program participation or personal data analysis. Furthermore, the FTC is investigating whether ride-sharing and delivery platforms set gig worker pay based on personal metrics, such as phone usage or history of accepting assignments.

The investigation affects retail shoppers, air travelers, and gig workers. The scale of the data collection covers major retailers, airlines, and delivery services. For consumers, the inquiry aims to clarify whether they are paying different prices than other customers for the same flight or grocery item based on their digital footprint. For independent contractors at companies like Uber and DoorDash, it addresses whether their pay is influenced by personal behavioral data rather than just the distance or time of a job.

The investigation centers on transparency in pricing and wages. If the FTC finds that individualized pricing is occurring, it could lead to new requirements for businesses to "clearly and conspicuously disclose" these practices. This follows a proposed policy from August 2026 that would mandate such disclosures. Legislators in at least 30 states have already considered bills related to pricing technology, including algorithmic pricing.

In response to the orders, several companies denied using personal data for individualized pricing. Delta Air Lines stated it has "zero tolerance" for predatory pricing and does not offer individualized fares based on personal data. JetBlue and Instacart similarly stated that their pricing is determined by demand, availability, or job-related criteria like distance. Walmart and Target have previously stated they do not set prices based on individual identity or shopping history. The FTC has stated it may use federal court to compel compliance if companies do not provide the requested data. The public comment period for the FTC's related pricing disclosure policy is open until Nov. 21, 2026.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. January 1, 2025

    FTC files preliminary report on third-party individualized pricing

  2. August 1, 2026

    FTC announces proposed policy for personalized pricing disclosure

  3. October 28, 2026

    FTC issues orders to Walmart, Delta, and others for data usage information

  4. November 21, 2026

    Deadline for public comment on FTC personalized pricing policy

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: FTC Orders Major Retailers and Airlines to Disclose Data Usage for Pricing?

The Federal Trade Commission (FTC) issued orders to nine major companies—Walmart, Target, Delta, United, JetBlue, DoorDash, Lyft, Instacart, and Uber—demanding information on how personal data and artificial intelligence are used to set individualized prices and gig worker compensation.

Who is involved?

FTC Chairman Andrew Ferguson and major corporations including Walmart, Delta Air Lines, and Uber.

When did this happen?

Wednesday, Oct. 28, 2026

Where did this happen?

Washington, D.C.

Why does this matter?

The agency aims to investigate whether companies are using personal data, such as browsing history, location, or loyalty program status, to charge different prices to different customers or to vary pay for gig workers based on behavioral history.