FTC closes comment period on proposed personalized pricing enforcement policy

Qué ocurrió

The Federal Trade Commission announced that the comment period for its proposed enforcement policy statement on personalized pricing has ended, after receiving over 4,500 comments. The draft policy would treat certain uses of personal data to set individualized prices as potentially deceptive or unfair and would outline when disclosures are required. The FTC also launched a market study to assess industry use of personal data in pricing.

Por qué es importante para la confianza y el cumplimiento

• Its status is announced. It is not law yet. Track it, but do not treat it as an obligation.
• The FTC’s pending policy could create a federal baseline for algorithmic pricing, affecting businesses that use personal data to set prices.

Who is affected

Recommended actions

1. Check that privacy notices describe the practices this addresses.
2. Inventory where this data is shared or sold and whether opt-outs are honoured.
3. Inventory AI or automated decision systems in scope and their assessments.