FTC Orders Delta, Walmart to Reveal Pricing Data

The Federal Trade Commission issued orders on Wednesday requiring Delta Air Lines, Walmart and five other major companies to disclose how they use personal data to set prices and pay workers.

The agency is examining whether these corporations adjust costs for consumers or compensation for gig employees based on individualized information. The orders cover Delta Air Lines, United Airlines, JetBlue, Lyft, DoorDash, Instacart, Target and Walmart.

FTC Chairman Andrew Ferguson stated the commission intends to scrutinize the methods companies use to determine what consumers pay and what gig workers earn. He described these methodologies as opaque in some cases. Ferguson assumed the chairmanship when President Donald Trump took office.

Each company must provide information allowing the FTC to assess if prices vary by person. The agency is looking at factors such as loyalty program participation and the analysis of personal data. For ride-sharing and delivery platforms, the commission is also checking if compensation relies on personal metrics like phone usage or history of accepting jobs.

The FTC said it will compel compliance in federal court if the companies fail to turn over the requested data. This action follows a preliminary report filed in January 2025. That report found grocers and clothing companies were using third-party firms to individualize online prices based on location, browsing history and time items spent in virtual carts.

Ferguson criticized that earlier report as rushed. He said the agency should have asked the companies directly for data rather than focusing on third-party intermediaries. In August, the FTC announced a proposed policy requiring businesses to clearly disclose if they engage in personalized pricing. The comment period for that policy was extended until November 21.

Delta Air Lines responded by saying it has zero tolerance for discriminatory or predatory pricing. The company stated it fully complies with pricing and advertising laws. Delta said no fare product it uses, tests or plans to use targets customers with individualized offers based on personal data.

JetBlue stated it does not use personal information or web-browsing history to set individual prices. The airline said fares are determined by demand and seat availability, and all customers have access to the same rates. Instacart said shopper compensation is based solely on job-related criteria such as distance traveled, number of items and expected shopping time. The company noted that prices on its website are set by the retailers it serves.

Walmart’s CEO said in a statement last month that the retailer does not use personal information like income, shopping history or willingness to pay to set prices. The company said it will not use such data in the future. Target posted on its website that it does not use personal information to raise prices based on who customers are, where they live or when they shop.

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