What changed
Section 6(b) orders asking whether personal data or loyalty status changes prices or worker pay
When
Issued October 28, 2026; responses due 45 days after receipt
Who it affects
Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart
What to do
List every offer that changes by person and sort it by the rule behind it

Key takeaways

  • Nine companies, including Walmart, Target and Instacart, have 45 days to show whether prices vary by person.
  • This is a study, not an accusation, and Amazon is not among the nine.
  • Brands should sort every targeted offer into earned rules or predicted traits before 2027 promo plans lock.

How personalized pricing scrutiny built up

  1. Consumer Reports flags Instacart price gaps

  2. Pallone letters go to 25 companies

  3. FTC proposes disclosure policy

  4. Maryland food pricing law in effect

  5. FTC orders go to nine companies

  6. Connecticut rules begin

  7. New Jersey rules begin

What the FTC ordered on October 28

The Commission voted 2-0 to send special orders under Section 6(b) to nine companies. Each must show whether prices or pay vary by individual, for example through loyalty program participation or algorithmic analysis of personal data, and must document the inputs, tools and procedures behind those decisions. Retail Dive reports the order runs 15 pages and that the FTC can go to federal court if a company does not comply.

This is a study, not a lawsuit. The FTC has not said any of the nine broke the law. The previous round, in 2024, went to middlemen such as consultancies and pricing vendors. This round goes to the companies that actually set prices.

How the companies responded

Target's pricing fact sheet says it does not use personal information to raise prices based on who guests are, where they live or when they shop, and that Target Circle data can surface deals. Instacart told Fox Business it "does not and will not engage in surveillance pricing." Walmart had not commented in the Retail Dive and Fox Business reports.

Instacart has the most history here. Consumer Reports found in December 2025 that some prices differed by up to 23% per item between customers, and Instacart then stopped offering that technology to grocers, IAPP reports. It is also the company DoorDash has agreed to buy for $17 billion, and DoorDash got an order too.

Why Amazon's absence does not mean brands can relax

Rep. Frank Pallone's May 2026 surveillance pricing letters went to 25 companies, including Amazon, and the FTC's August proposal is not limited to any list of companies.

That August 19 proposed policy statement is the part most coverage skips. Morgan Lewis summarizes it this way: where shoppers reasonably expect prices not to vary by personal data, a business should clearly disclose that the price is personalized, the basis for it and the types of data used. Failing to do so is likely unfair or deceptive under Section 5. It is not limited to AI, and it can reach anyone setting a price from conclusions about a person, such as estimated willingness to pay. Price moves driven by supply, demand, local markets or taxes that hit all shoppers alike are treated differently, so ordinary dynamic pricing is a separate issue.

So what: the risk sits in your offers, not your list price

These orders do not reach third-party sellers or brands directly. Our read is that the exposure comes in two other ways. First, your own store: a discount app that decides who sees what, based on predicted price sensitivity, is closer to the FTC's definition than a code anyone can earn. Second, your retail partners: if Walmart, Target or Instacart tighten how loyalty data shapes offers, member deals funded by brands could change. That second point is our inference; no retailer has announced it.

State law is moving faster. Maryland's law has covered food retailers and third-party delivery services since October 1, 2026, with some loyalty and consent exceptions. New York already requires a disclosure on personalized algorithmic prices, and its broader One Fair Price Act has passed but is unsigned. Connecticut's rules start July 1, 2027, and New Jersey's start August 1, 2027, with a private right to sue, Sidley reports. Seattle approved a grocery measure in September.

Which offers draw questions

Lower riskHigher risk
Rule anyone can meet
Published member price
Price from predicted willingness to pay
Surcharge labelled as a discount

Our summary of the FTC proposal, not legal advice

Worked example: what cleaning up targeted offers costs

These numbers are invented to show the math. A brand's own store sells 50,000 orders a year at $40. A targeting app gives 25% of orders, or 12,500, an average of 15% off, which is $6 an order and $75,000 a year.

Option A is a public 5% offer for everyone: $2 on 50,000 orders is $100,000, or $25,000 more. Option B is a 10% member price that anyone can join for, used on the same 12,500 orders: $4 each is $50,000, or $25,000 less, if conversion holds. Test Option B before you switch.

What sellers should do

  • Ecommerce lead: list every tool that changes a price or discount by person, including discount apps, pop-ups, and email and SMS codes. Metric: a complete inventory with the owner of each tool.
  • Owner and counsel: sort each offer into earned rules anyone can meet, such as joining or a first order, or predicted traits, such as estimated willingness to pay. Metric: every offer in the second group is removed or disclosed.
  • Growth lead: test your store logged in, logged out and on two devices. Metric: no shopper is charged above the public price.
  • Amazon brand manager: review audience-based offers alongside your Amazon coupons and promotions in Seller Central, and confirm they only discount from the public price under the fair pricing policy. Metric: each offer has a stated audience and reason.
  • Walmart, Target and Instacart account leads: ask your partner contacts whether member offers change in 2027, through your Walmart marketplace management or Instacart advertising plan. Metric: a written answer before budgets are set.
  • Food and grocery brands: map SKUs against Maryland, Seattle and the 2027 state dates. Metric: a dated list by state.

Offer audit before 2027

  • List every personalized offer
  • Sort earned rules from predicted traits
  • Test logged in and logged out
  • Ask retail partners about 2027
  • Cost the flat offer option
  • Map food SKUs by state

When this does not apply

If everyone sees the same price and your discounts follow published rules, these orders change little for you. Coupons and segment discounts are not addressed in the Morgan Lewis summary, so do not read this as a clear rule either way. The FTC statement is a proposal, not a final rule or a ban, and comments closed September 25. This post is general information, not legal advice.

Where PPC Spider helps

We set bids and promotions from real margin, so a change in offer depth flows through to ad targets. Follow the ecommerce and marketplace news channel, see our Amazon pricing strategy guide, or request a free Amazon audit.

Sources

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