FTC extends personalized-pricing policy comments to September 25

What happened

The FTC extended the public comment period on its proposed personalized-pricing enforcement statement by seven days, moving the September 18 date to September 25. The August 19 proposal concerns prices set using personal data to estimate what an individual is willing to pay, including situations where consumers reasonably expect a common price. The extension remains open as of the September 19 cutoff and changes the comment opportunity rather than adopting a final pricing rule.

The proposed statement says that, where consumers reasonably expect nonpersonalized prices, clear and conspicuous disclosure should explain the fact of personalization, its basis and the types of data used. It evaluates potential deception and unfairness under Section 5 and discusses data collection, use, disclosure and consent as separate concerns. Ordinary supply-and-demand price changes and markets where personal risk naturally affects price require their own analysis. The FTC does not claim authority to prohibit all personalized pricing, and a disclosure alone does not resolve every underlying data-practice or unfairness issue.

Why it matters

Consumer-facing health businesses should assess whether individualized prices fall within the proposal and FTC jurisdiction, rather than treating the extension as a general health care price-setting law.

Sources

• Personalized-pricing comment extensionOfficial · FTC · 2026-09-03 · Source review 2026-09-06
• Proposed personalized-pricing enforcement statementOfficial · FTC · 2026-08-19 · Source review 2026-09-06