FTC orders Delta, Walmart, and gig platforms to reveal pricing data practices

The Federal Trade Commission issued orders on Wednesday requiring Delta Air Lines, Walmart, and six other major companies to provide detailed records on how they use consumer data to set prices. The order also targets ride-sharing and delivery firms to explain how they calculate compensation for independent drivers using personal data.

FTC Chairman Andrew Ferguson stated the agency intends to scrutinize the opaque methodologies used to determine consumer costs and worker pay. Orders were sent to United Airlines, JetBlue, Lyft, DoorDash, Instacart, and Target. Each company must share information allowing the commission to assess if pricing varies for individuals based on loyalty program participation or personal data analysis.

The commission is also examining whether companies base worker pay on metrics such as phone usage or history of accepting deliveries. The FTC said it can compel compliance in federal court if the companies fail to turn over the requested data. Ferguson, who assumed the chairmanship when President Donald Trump took office, noted that a preliminary report from January 2025 was rushed. He said the agency should have asked companies directly for data rather than focusing on third-party intermediaries.

Delta Air Lines responded by stating it has zero tolerance for discriminatory or predatory pricing. The company said it fully complies with pricing and advertising laws. Delta claimed there is no fare product it has used, is testing, or plans to use that targets customers with individualized offers based on personal data.

JetBlue said it does not use personal information or web-browsing history to set individual prices. The airline stated that fares are determined by demand and seat availability, and all customers have access to the same fares. Walmart’s CEO said in a statement last month that the retailer does not use personal information like income, shopping history, or a customer’s willingness to pay to set prices.

The FTC’s actions align with customer concerns about pricing technology and artificial intelligence. Legislators in at least 30 states considered pricing-related bills this year. These measures addressed algorithmic and personalized pricing, according to the National Conference of State Legislatures.

In August, the FTC proposed a policy requiring businesses to clearly and conspicuously disclose if they engage in personalized pricing. The agency extended the comment period on that policy until Nov. 21.