Washington Orders Delta, Walmart To Explain Pricing Data

WASHINGTON. The Federal Trade Commission said Wednesday it has ordered Delta Air Lines, Walmart, United, JetBlue, Target, Lyft, DoorDash and Instacart to disclose how they use consumer data to determine prices. The agency is also asking ride-share and delivery companies, including Uber, to explain how personal data from drivers influences their pay rates. The requests seek information that would show whether ticket, ride, delivery or other prices differ between individuals based on factors such as loyalty program membership or analysis of personal data.

The commission is examining whether companies use personal data, such as phone usage or a history of accepting rides and deliveries, to set worker compensation. The agency said it could ask a federal court to compel compliance if companies do not turn over the requested information. The actions follow a January 2025 preliminary report in which the FTC found that grocers and clothing companies used third-party firms to individualize online prices based on locations, browsing histories and other factors, including how long items remained in virtual shopping carts.

FTC Chairman Andrew Ferguson said the agency intends 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. Ferguson, who became chairman when President Donald Trump took office, has said the January report was rushed and should have asked companies directly for data rather than focusing on third-party intermediaries.

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

Walmart's chief executive 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 said it will not do so in the future. The Associated Press sought comment from Walmart, Target, DoorDash and other companies. The FTC has proposed requiring businesses to disclose personalized pricing and the data types used for those prices, with a comment period extended to Nov. 21.

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.