Jay's Brief

Same product, different price. It might be because of your data.

Two people sit side by side on a terracotta couch, each holding a phone; callout screens show the same red sneaker on both, but with a short price bar on one and a much longer price bar on the other, while the person on the right leans over with a puzzled look.
How much this touches your life Money

Medium: it's a draft warning, not a ban, but it touches anyone who shops online.

What happened

On August 19, the Federal Trade Commission (FTC), the federal agency that protects consumers, asked the public to weigh in on a draft policy about personalized pricing. That's when a company uses your personal data to set a price based on what it thinks you'll pay. The FTC says it can't ban this in all cases. But it says hiding how your data sets a price may break the law. Comments closed September 18.

What's actually going on

Online stores can collect a lot about you: what you've looked at, what you've bought, where you are, and what device you're using. This is where AI comes in. Because AI can sort through huge amounts of shopping data very quickly, it can spot patterns a person would miss and guess how much a particular shopper is likely to pay. Personalized pricing means using that guess to set the price you see. It's still a guess built from past behavior, so it can be wrong about you.

The FTC's point is about what shoppers expect. Its draft statement says people expect prices to change with supply and demand, not with their web browsing or buying history. When a store shows a price as if everyone gets it, but it really varies by person, the FTC says that risks misleading customers. The law it points to is the FTC Act, which bans unfair or deceptive business practices. The draft says collecting or using personal data to set prices without telling people could break that law.

What this isn't: a ban. FTC Chairman Andrew Ferguson said the agency doesn't have the legal power to ban personalized pricing in all circumstances. The draft mainly puts businesses on notice that they need to tell shoppers what they're doing. The commission voted 2-0 to publish it for comment. The FTC's page doesn't say whether the statement has been finalized since comments closed.

The word you'll hear

Personalized pricing

When a company uses your personal data to set a price based on how much it thinks you're willing to pay.

In your life

Nothing changes at checkout today. My view: this is probably most useful as a reminder that the price on your screen may not be the one your neighbor sees.

Be careful about

A draft statement isn't a rule. The FTC's focus is on telling shoppers, not stopping the practice, and a disclosure can easily get buried in fine print.

Where to get it

There's nothing to sign up for, and the comment window closed September 18. One free thing to try: check a price in a private browsing window and compare. The FTC itself mentions private browsing and VPNs (apps that hide your connection and location) as ways shoppers might avoid higher personalized prices.

Go deeper

FTC Seeks Comment on Enforcement Policy Statement Regarding Personalized Pricing
Federal Trade Commission, August 19, 2026