FTC demands data from Delta, Walmart, and gig apps on pricing methods

The Federal Trade Commission issued orders on Wednesday requiring several major companies to disclose how they use personal data to set prices and determine worker compensation.

The orders target Delta Air Lines, Walmart, United Airlines, JetBlue, Target, Lyft, Uber, DoorDash, and Instacart. Each firm must provide detailed information to help the agency assess if pricing for tickets, rides, groceries, or other services varies between customers. The FTC wants to know if factors like loyalty program participation or personal data analysis create different price points for the same product or service.

FTC Chairman Andrew Ferguson stated the agency intends to scrutinize the opaque methodologies used in these industries. He noted the commission is also examining how ride-sharing and delivery platforms use driver data to set pay rates. This includes analyzing metrics such as phone usage patterns or the history of accepting rides and deliveries.

Delta Air Lines responded by stating it has zero tolerance for discriminatory or predatory pricing. The company asserted full compliance with pricing and advertising laws and said it has no fare product that targets customers with individualized offers based on personal data. JetBlue also issued a statement confirming it does not use personal information or web-browsing history to set individual prices. The airline explained that fares are determined by demand and seat availability, giving all customers access to the same rates.

Walmart’s chief executive officer said in a statement last month that the retailer does not use personal information such as income, shopping history, or a customer’s willingness to pay to set prices. The company said it will not adopt that practice in the future. The Associated Press reached out to Target, DoorDash, and other recipients for comment.

The agency said it could compel compliance in federal court if companies fail to turn over the requested data. These actions follow a January 2025 preliminary report that found grocers and clothing companies using third-party firms to individualize online prices based on location and browsing habits. Ferguson, who assumed the chairmanship when President Donald Trump took office, previously described that report as rushed. He said the agency should have asked companies for data directly instead of focusing on intermediaries.

State legislatures in at least 30 states have considered pricing-related bills this year, according to the National Conference of State Legislatures. The FTC also extended the comment period on a proposed policy requiring clear disclosure of personalized pricing until November 21.