FTC orders Walmart, Delta and others to share how they use personal data
to set prices and pay
[October 29, 2026] By
DEE-ANN DURBIN
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're setting prices.
The commission said it is also studying how ride-sharing and delivery
companies like Uber use their independent drivers’ personal data when
setting compensation rates.
“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.
Orders were also issued to United, JetBlue, Lyft, DoorDash, Instacart
and Target, the FTC said.
Each company must share 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.
The FTC said it is also examining whether companies compensate workers
based on personal data like their phone usage or their history of
accepting rides or deliveries. If the companies fail to turn over data,
the FTC said it could compel compliance in federal court.
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 doesn't 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.
Instacart said compensation for its shoppers is based solely on
job-related criteria, including the distance traveled, the number of
items and expected shopping time. The grocery delivery company said it
also doesn't use consumers' personal information to set prices. Prices
on Instacart's website are set by the retailers the company serves.
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 “We appreciate the FTC's focus on
this practice. We are committed to transparency and improving
affordability for customers,” a spokesperson for Instacart said
Wednesday. “We will continue engaging with policymakers and
regulators to ensure they understand how pricing on our platform
works.”
Walmart's CEO said in a statement last month that
the retailer doesn't use personal information like income, shopping
history or a customer’s willingness to pay to set prices, and it
won’t be doing so in the future either. Target also said in a recent
post on its website that it doesn't 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 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’re
using to set those prices. The agency has extended the comment
period on that policy until Nov. 21.
In a preliminary report filed in January 2025, the FTC found that
grocers, clothing companies and others were using third-party
companies to help them individualize online prices based on
shoppers’ locations, browsing histories and other factors, including
how long they left items in their virtual shopping carts.
But Ferguson, who assumed the chairmanship of the FTC 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.
___
Durbin reported from Detroit. AP Business Writer Rio Yamat
contributed from Las Vegas and AP Retail Writer Anne D'Innocenzio
contributed from New York.
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