FPF Submits Comments in Response to the Federal Trade Commission (FTC)’s Advanced Notice of Proposed Rulemaking (ANPRM)

The Future of Privacy Forum (FPF) welcomes the opportunity to submit comments in response to the Federal Trade Commission (FTC)’s Advanced Notice of Proposed Rulemaking (ANPRM) to address “unfair” or “deceptive” practices involving fees for online food retail and food delivery platforms.¹ FPF is a global non-profit organization dedicated to advancing principled and pragmatic data protection, AI, and digital governance practices in support of emerging technologies. Specifically, the Commission requests information on the practice of “personalized pricing.”

FPF recently published a report, The Price is Right: Responsible Uses of Personal Data in Pricing, which was developed in consultation with leading retailers and other businesses.² The report explores how retailers use consumer and merchant data to inform the prices they offer customers, how lawmakers and enforcers in the U.S. are regulating personalized pricing, and some current best practices for the responsible use of personal data in pricing. The report’s findings are summarized below, and a copy of the report is attached to this comment.

1. Federal Trade Commission, Advance notice of proposed rulemaking; request for public comment: Rule on Unfair or Deceptive Fees in Online Food Delivery Services (Apr. 16, 2026), https://www.federalregister.gov/documents/2026/04/16/2026-07473/rule-on-unfair-or-deceptive-fees-in-onl ine-food-delivery-services.
2. Jameson Spivack, The Price is Right: Responsible Uses of Personal Data in Pricing, Future of Privacy Forum (Apr. 2026), https://fpf.org/wp-content/uploads/2026/04/FPF-Data-Driven-Pricing-The-Price-is-Right-Report.pdf.