FTC orders Delta, Walmart and others to disclose pricing data practices

Commission also reviewing how gig worker data informs pay rates

The U.S. Federal Trade Commission said Wednesday it is ordering Delta Air Lines, Walmart and other companies to provide detailed information on how they use consumers’ data when they are setting prices. The agency issued orders to United, JetBlue, Lyft, DoorDash, Instacart and Target as well, and said it is separately studying how ride-sharing and delivery companies such as Uber use their independent drivers’ personal data when setting compensation rates.

The information orders place the pricing practices of major airlines, retailers, ride-sharing companies and delivery platforms under federal inquiry at a time when regulators and lawmakers are pressing for disclosure of how algorithmic and personalized pricing works. The FTC said it could compel compliance in federal court if the companies do not turn over the data.

Under the orders, each company must provide information that will allow the commission to assess whether pricing for tickets, rides, food delivery or other products and services varies from one person to the next based on factors such as participation in loyalty programs or analysis of personal data. The agency said it is also examining whether companies compensate workers based on personal data like phone usage or a driver’s history of accepting rides or deliveries.

“We intend to scrutinize the opaque methodology that some companies in these industries may be using to determine how much consumers pay or how much gig workers are paid for the same product or service,” FTC Chairman Andrew Ferguson said in a statement.

Delta said in response that it has “zero tolerance for discriminatory or predatory pricing” and fully complies with pricing and advertising laws. “There is no fare product Delta has ever used, is testing or plans to use that targets customers with individualized offers based on personal data,” the company said in a statement. JetBlue said it does not use personal information or web-browsing history to set individual prices. “Fares are determined by demand and seat availability, and all customers have access to the same fares,” the company said.

The Associated Press reached out to Walmart, Target, DoorDash and others for comment. Walmart’s CEO 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 and will not be doing so in the future. Target said in a post on its website earlier this month that it does not use personal information to raise prices for customers “based on who they are, where they live or when they shop.”

The FTC’s actions reflect customers’ increasing concerns about pricing technology and the use of artificial intelligence to collect vast amounts of data. Legislators in at least 30 states have considered pricing-related bills this year, including measures addressing algorithmic and personalized pricing, according to the National Conference of State Legislatures.

In a preliminary report filed in January 2025, the FTC found that grocers, clothing companies and others used third-party companies to help individualize online prices based on shoppers’ locations, browsing histories and other factors, including how long they left items in their virtual shopping carts. Ferguson, who assumed the FTC chairmanship when President Donald Trump took office, has said that report was rushed and should have asked the companies directly for data instead of focusing on third-party intermediaries.

In August, the FTC announced a proposed policy that would require businesses to “clearly and conspicuously disclose” if they are engaging in personalized pricing and share the types of data they are using to set those prices. The agency has extended the comment period on that policy until Nov. 21.