FTC extends personalized-pricing policy comments to September 25

What happened

The FTC extended the comment period for its August 19 proposed personalized-pricing enforcement policy by seven days, from September 18 to September 25. That stated window has ended by the September 26 coverage end. Personalized pricing in the announcement means using personal data to set a price based on what a company believes an individual will pay. The extension changes the feedback timetable; it does not finalize the policy or create a healthcare price-setting rule.

The proposal says the FTC lacks authority to prohibit personalized pricing in every circumstance but may enforce existing unfairness, deception and other applicable law. Where consumers reasonably expect nonpersonalized prices, it proposes clear disclosure that a price is personalized, the basis for personalization and the types of data used. It distinguishes ordinary supply/demand variation and products whose pricing inherently turns on individual risk. Disclosure is not a universal safe harbor: data collection, consent and price practices may raise separate concerns, and the proposal does not resolve every fully disclosed practice. Applicability to a health business still depends on its actual practices and FTC jurisdiction.

Why it matters

Consumer-facing health businesses need to distinguish individualized data-driven pricing from other price variation and evaluate the legal basis for any disclosures.

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