Federal Trade Commission Chairman Andrew Ferguson recently announced plans for a new study of personalized pricing under Section 6(b) of the FTC Act. The announcement follows the Commission’s 2024 study and issuance of initial findings in January 2025 under the previous administration, and its August 2026 proposed enforcement policy statement addressing the use of consumers’ personal data to set individualized prices under the current administration.

Businesses that receive 6(b) orders should treat them like subpoenas and civil investigative demands: recipients must respond or petition to limit or quash the orders. Companies should consider their response in light of the FTC’s continuing scrutiny of personalized pricing, the proposed policy statement, and new state laws addressing these practices.

Read the additional discussion.