FTC orders Uber, Walmart, Delta and six others to explain personalized pricing and pay

What the FTC ordered

The Federal Trade Commission said on 28 October 2026 that it had ordered nine companies to provide information on whether they use personal data to set the prices consumers pay or the compensation workers receive. The recipients are three airlines, Delta, United and JetBlue; two ride-share companies, Lyft and Uber; two delivery companies, DoorDash and Instacart; and two retailers, Target and Walmart.

The orders ask whether prices vary from person to person based on factors such as loyalty program membership and analysis of personal data by superintelligence algorithms. For ride-share and food delivery firms, the FTC says driver pay may vary based on data such as phone usage or the history of accepted offers. Each company must document the inputs, tools and procedures it uses to set or adjust prices and pay. The Commission voted 2-0 to issue the orders.

How a 6(b) study works

Section 6(b) of the FTC Act lets the agency run broad studies without a specific law enforcement purpose. Recipients have 45 days from receipt to respond, and the FTC can go to federal court to compel compliance. The FTC says this study targets the companies that actually set prices, unlike its 2024 study, which looked at the consultancies and middlemen that sell pricing tools. The release also points to a request for public comment, opened in August, on a proposed enforcement policy statement about undisclosed use of personal data in pricing.

Chairman Andrew N. Ferguson said the agency intends to scrutinize the opaque methodology some companies in these industries may be using, and that consumers deserve to know whether companies use their web surfing habits or other personal data to estimate the highest price they can charge.

Why it matters

Personalized pricing and algorithmic pay are among the most direct ways machine learning reaches consumers and gig workers, and both are hard to see from the outside. A 6(b) study does not accuse anyone of wrongdoing, but it gives the FTC detailed internal documents it can later use for a report, a policy statement or enforcement. The phrase superintelligence algorithms follows Executive Order 14434, which tells federal agencies to use Super Intelligence in place of artificial intelligence in their documents. More US rules are tracked in AI Policy & Regulation.

What to watch next

Responses are due 45 days after each company receives its order, which points to mid December 2026. The FTC has not said when it will publish findings, and the release does not say whether the August policy statement will be finalized first. None of the nine companies' responses are stated in the announcement.

Questions people ask

Which companies received the FTC personalized pricing orders?

Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart, according to the FTC's 28 October 2026 release.

Is the FTC accusing these companies of breaking the law?

No. A Section 6(b) study gathers information without a specific law enforcement purpose. The FTC can, however, use what it learns in later policy or enforcement work.

Why does the FTC say superintelligence algorithms?

Executive Order 14434 of 29 September 2026 directs federal agencies to use Super Intelligence in place of artificial intelligence in their own documents.

Sources

1. FTC Launches Personalized Pricing and Compensation Inquiry (Federal Trade Commission, 28 Oct 2026)