The archive
throughline No. 164 August 30, 2026

FTC says personalized pricing without disclosure is likely unfair or deceptive

It is a disclosure standard, not a ban — the Commission wrote in the document that Congress has not given it authority to prohibit personalized pricing, which turns the statement into a request addressed to the legislature.

It is a disclosure standard, not a ban — the Commission wrote in the document that Congress has not given it authority to prohibit personalized pricing, which turns the statement into a request addressed to the legislature.

On August 19, 2026 the FTC published a draft enforcement policy statement saying personalized pricing without clear disclosure is likely an unfair or deceptive act under Section 5.

Why it matters: Any purchase in a market that has historically carried one posted price can now be set from an estimate of what this particular household will pay, and nothing today requires anyone to say so.

Date to watch: Federal Register publication starts a 30-day comment window on docket FTC-2026-1057; comments close 30 days after that date.

Sources:

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Last BastionThe Throughlinenews analysispolicy explainedprimary sourcesregulatoryFTCsayspersonalizedpricingwithoutdisclosurelikelyunfairdeceptive