FPF Submits Comments in Response to the Federal Trade Commission’s Request for Feedback on its Proposed Enforcement Policy Statement Regarding Personalized Pricing

The Future of Privacy Forum (FPF) welcomes the opportunity to submit comments in response to the Federal Trade Commission’s (FTC, or Commission) request for feedback on its Proposed Enforcement Policy Statement Regarding Personalized Pricing.¹  FPF is a global non-profit organization dedicated to advancing principled and pragmatic data protection, AI, and digital governance practices. We convene leaders across industry, academia, and the public sector to provide expert analysis, benchmarking, and best practices that support responsible innovation and regulatory compliance. In this capacity, we have been heavily engaged on the issue of personalized and data-driven pricing, providing analysis that is informed by both privacy and consumer protection considerations as well as the operational realities retailers face.²

To ensure the Commission’s enforcement policy is clear to both retailers and consumers, FPF recommends that the FTC: 

• Clarify whether it will consider any undisclosed price personalization deceptive, or only undisclosed personalized pricing that leads to higher prices. 
• Clarify, if and when relevant, how it assesses whether personalized pricing leads to higher prices, including what reference point(s) are used. 
• Provide guidance to retailers about operationalizing the enforcement policy statement’s disclosure requirement, informed by industry best practices. 

1. FTC Seeks Comment on Enforcement Policy Statement Regarding Personalized Pricing, FTC (Aug 2026), https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-seeks-comment-enforcement-policy-statement-regarding-personalized-pricing. 
2. Jameson Spivack, The Price is Right: Responsible Uses of Personal Data in Pricing, FPF (Apr 2026), https://fpf.org/blog/the-price-is-right-responsible-uses-of-personal-data-in-pricing/; see also Jameson Spivack, Data-Driven Pricing: Key Technologies, Business Practices, and Policy Implications, FPF (Jul. 2025), https://fpf.org/resource/data-driven-pricing-key-technologies-business-practices-and-policy-implications/; see also Jameson Spivack, A Price to Pay: U.S. Lawmaker Efforts to Regulate Algorithmic and Data-Driven Pricing, FPF (Aug. 2025), https://fpf.org/blog/a-price-to-pay-u-s-lawmaker-efforts-to-regulate-algorithmic-and-data-driven-pricing/.