FTC Forces Delta, Walmart, and Gig Firms to Reveal Data-Driven Pricing Methods

The Federal Trade Commission issued orders on Wednesday requiring Delta Air Lines, Walmart, and several other major firms to disclose how they utilize consumer data in their pricing strategies. The agency is also investigating how ride-sharing and delivery platforms determine compensation for independent workers based on personal metrics.

FTC Chairman Andrew Ferguson stated that the commission intends to scrutinize the opaque methodologies used to determine consumer costs and worker pay. The orders extend to United Airlines, JetBlue, Lyft, DoorDash, Instacart, and Target. Each entity must provide information allowing the FTC to assess if pricing varies by individual based on loyalty program participation or personal data analysis.

The agency is also examining whether companies compensate workers using data points such as phone usage or ride acceptance history. The FTC noted that it can compel compliance in federal court if the companies fail to turn over the requested data.

Delta Air Lines responded by stating it has zero tolerance for discriminatory or predatory pricing and fully complies with existing laws. The company said it does not use, test, or plan to use fare products that target customers with individualized offers based on personal data. JetBlue similarly stated that fares are determined by demand and seat availability, ensuring all customers have access to the same prices.

Instacart said shopper compensation relies solely on job-related criteria like distance, item count, and expected time, while retail prices are set by the stores it serves. A spokesperson expressed appreciation for the FTC's focus on transparency and affordability. Walmart’s CEO and Target have recently stated they do not use personal information such as income, shopping history, or location to set prices.

These actions follow a January 2025 preliminary report finding that retailers used third parties to individualize online prices based on browsing history and cart abandonment time. Ferguson, who took office when President Donald Trump assumed the presidency, described that report as rushed. He advocated for direct data requests to companies rather than relying on intermediaries.

Legislators in at least 30 states have considered pricing-related bills this year, including measures addressing algorithmic pricing, according to the National Conference of State Legislatures. The FTC extended the comment period on its proposed personalized pricing disclosure policy until Nov. 21.