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US FTC is considering requiring disclosure of customized pricing

Federal Trade Commission officials in the United States said Wednesday that they are considering requiring companies to disclose whether or not they use personal data for pricing. This practice has been under a growing amount of scrutiny by federal and state officials. The FTC released a draft of its enforcement policy statement, which states that the law prohibiting deceptive practices would likely prohibit undisclosed uses of personal data in setting prices. Surveillance Pricing is a method whereby companies use personal data, such as a customer's browsing history, their location, and their shopping habits, to determine individualized algorithmic pricing for products.

Andrew Ferguson, FTC Chairman, said: "When consumers are shown a price, they expect to see the same price as everyone else, and not the retailer’s estimation of what they will pay based upon their personal data." The FTC cited several examples of improper surveillance pricing. Some potential red flags include when delivery companies charge higher prices for "milk" based on the fact that there are multiple children in a home or hotels increase prices if they know that a customer is traveling to a funeral.

Public comments on the FTC's proposed policy for enforcement will be accepted for 30 days. The FTC stated that it did not take a stance on whether or not some personalized pricing practices were legal.

Even when the full disclosure is made, it can still be unfair. California Attorney General Rob Bonta launched a wide-ranging investigation in January into the use of personal data for setting individualized prices. Republican and Democratic members of the U.S. Congress have raised similar concerns.

Grace Gedye is a senior policy analyst with Consumer Reports. She praised the FTC's action.

She said: "Nobody should be forced to pay more because a company knows what they search for online, their income, their family composition, or their location." Lee Hepner is a senior lawyer at the American Economic Liberties Project. He called for the FTC's further action. Hepner stated that "getting hit by a?train?is not less painful if you are tied to the track and can see it coming." Instacart stopped price testing in December. This was the practice of showing different prices to different customers. Consumer Reports, two other nonprofit organizations and the company backed away from this practice after a study showed that some shoppers were charged up to 23% more than others for the same products.

In November, legislators asked Delta Air Lines if they set personalized prices or other pricing practices. Delta replied that it does not base its prices on personal information. (Reporting and editing by David Shepardson)

(source: Reuters)