Privacy & Cybersecurity Law Blog

On October 28, 2026, the Federal Trade Commission announced the agency had launched an inquiry into the use of personal information to set prices and employee compensation, issuing detailed requests for information to nine airlines, ride-sharing companies, and food-delivery firms.

The FTC issued orders to these companies pursuant to Section 6(b) of the FTC Act (the “Orders”). The Orders require the companies to provide detailed descriptions of each methodology used to adjust or set prices for the companies’ products and services based on personal information, including (1) the categories of consumers whose data is used, (2) the dates on which each methodology was employed, (3) the services or tools used to implement each methodology, and (4) the circumstances under which the companies modify or override the prices generated by the methodology, among other details. The companies must also provide to the FTC information about the methodologies used to determine which jobs are offered to employees and to set or adjust employee compensation, and how the companies disclose their pricing, employment and compensation practices to consumers and workers.

FTC Chairman Andrew N. Ferguson noted a particular interest in whether companies use consumers’ online behavior or other personal information to estimate the highest price they can charge each consumer, and whether employees’ compensation is affected by how companies use their personal information.

For more information on the FTC’s inquiry and study, please read our client alert.