FTC orders Walmart, Delta and others to share how they use personal data to set prices and pay

The commission announced Wednesday that it is studying how ride-sharing and delivery companies like Uber use their independent drivers' personal data when setting compensation rates. Each company must share information to assess whether pricing varies from person to person based on factors like loyalty programs or personal data analysis.

Company Responses

Delta stated it has "zero tolerance for discriminatory or predatory pricing" and doesn't use personal data for individualized offers. JetBlue confirmed it doesn't use personal information or browsing history to set individual prices, noting fares are determined by demand and availability.

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.

Regulatory Context

The FTC's actions reflect growing consumer concerns about pricing technology and AI data collection. Legislators in at least 30 states have considered pricing-related bills this year. In August, the FTC proposed requiring businesses to disclose if they engage in personalized pricing.

Chairman Ferguson has criticized a previous FTC report from January 2025 as rushed, noting it should have asked companies directly for data rather than focusing on third-party intermediaries. The agency has extended the comment period on its proposed policy until November 21.