FTC Demands Algorithmic Pricing Data from Delta, Uber, and Others 2026

The Federal Trade Commission (FTC) has ordered nine major companies—including Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target, and Walmart—to hand over data on how they use algorithmic pricing and loyalty programs to set different prices for consumers and wages for gig workers. The inquiry, announced by FTC Chair Andrew Ferguson, aims to scrutinize the “opaque methodology” that companies may use to determine how much consumers pay or how much gig workers are paid for the same product or service.

This move comes after a series of investigations and lawsuits alleging that consumers are charged different prices based on their buying histories and that drivers are paid different fares based on their personal histories. The FTC’s action signals a growing concern that surveillance pricing—where companies use personal data to tailor prices—could be harming consumers already squeezed by inflation.

Why the FTC Is Investigating Algorithmic Pricing

The FTC is tasked with policing “unfair or deceptive acts or practices” across most industries. However, it cannot impose fines or regulations on airlines, which are regulated by the Department of Transportation. Despite this limitation, the agency’s consumer protection division has joined with states in some instances to pursue legal action and penalties.

Chair Ferguson emphasized that the inquiry will examine whether companies are using algorithms and loyalty programs to engage in price discrimination. “We will scrutinize the opaque methodology that some companies in these industries may be using to determine how much consumers pay or how much gig workers are paid for the same product or service,” he said in a statement.

The investigation also follows reports of overcharges by Dollar General and convenience stores, which have further strained family budgets. The FTC’s demand for data is part of a broader effort to understand how dynamic pricing and personalized pricing affect consumers and workers.

What the Inquiry Means for Consumers and Gig Workers

For consumers, the inquiry could lead to greater transparency in how prices are set. If the FTC finds evidence of deceptive practices, it could bring enforcement actions or push for new regulations. For gig workers, the focus on how wages are determined could result in fairer pay structures.

The companies named in the inquiry have not publicly commented on the FTC’s request. However, the agency’s demand for data is likely to face legal challenges, as companies may argue that their pricing algorithms are trade secrets.

Here are key takeaways from the FTC’s action:

• The FTC is demanding data from nine companies across airlines, ride-share, delivery, and retail sectors.
• The inquiry focuses on algorithmic pricing and loyalty programs that may lead to different prices for different customers.
• The FTC cannot regulate airlines directly but can work with states to pursue legal action.
• Consumers and gig workers could benefit from increased transparency and fairer pricing.
• The investigation is part of a broader scrutiny of surveillance pricing and overcharges.

How Algorithmic Pricing Works

Algorithmic pricing uses data and machine learning to set prices dynamically based on factors like demand, competition, and individual customer behavior. Loyalty programs often feed into these algorithms by tracking purchase history and preferences.

While this can lead to personalized offers, it can also result in price discrimination, where some customers pay more than others for the same product. The FTC is concerned that this practice may be unfair or deceptive, especially if companies do not disclose how prices are determined.

The table below compares the industries and companies involved in the inquiry:

What to Watch Next

The FTC’s inquiry is in its early stages, and it remains to be seen whether it will lead to enforcement actions. The agency has requested documents and information from the companies, which will likely take months to review. The background to this story is set out in New Jersey Bans Surveillance Pricing: What Shoppers Need to Know. A related thread runs through New Jersey Bans Surveillance Pricing to Protect Shoppers. Earlier coverage in Surveillance Pricing Banned in New Jersey: What It Means for You shows how the argument developed.

Consumer advocates have praised the move, saying it sheds light on secretive pricing practices. Meanwhile, business groups may push back, arguing that algorithmic pricing benefits consumers by offering discounts and efficient pricing. A closer look at the same subject appears in Lawmakers Demand FTC Action on Retail Overcharging at Major Chains. Anyone following the wider picture can start with Food Delivery Riders Demand Transparency in AI Pay Algorithms. The same theme surfaces in Delta Air Lines AI Personalized Ticket Pricing: What It Means for Travelers, which takes a different angle.

As the investigation unfolds, consumers should pay attention to how companies use their data. Being aware of surveillance pricing can help shoppers make informed choices. For a related story on how lawmakers are targeting overcharges, see our coverage of convenience store overcharges spark lawmaker demands for FTC action. Context on how this played out before sits in FTC and 20 States Sue Dollar General Over Customer Overcharging.

FAQ