Federal inquiry will examine whether personal data and algorithms influence what consumers pay and how much gig workers earn
By Midtown Times Staff
October 29, 2026
WASHINGTON (Midtown Times) — The Federal Trade Commission has ordered nine major retailers, airlines and technology companies to disclose whether they use consumers’ personal information to establish individualized prices or determine compensation for gig workers.
The orders were issued to Walmart, Target, Uber, Lyft, DoorDash, Instacart, Delta Air Lines, United Airlines and JetBlue. The companies have 45 days to provide the requested information.
The FTC is investigating whether information such as a customer’s location, browsing activity, purchase history, income or participation in a loyalty program can influence the price offered for a product, flight, ride or delivery.
The agency also wants to determine whether ride-hailing and delivery platforms use drivers’ personal information—including phone activity and their history of accepting or declining assignments—to calculate individual pay offers.
FTC Chairman Andrew Ferguson said consumers and workers deserve to know whether companies are using undisclosed algorithms to determine the highest price a customer might accept or the lowest payment a worker might be willing to take.
Inquiry does not establish wrongdoing
The information demands were issued under Section 6(b) of the FTC Act, which allows the commission to conduct broad industry studies without opening a specific enforcement case.
The orders do not mean that any of the companies violated the law. However, the FTC may ask a federal court to compel compliance if a company refuses to provide the requested records.
After reviewing the responses, the agency intends to publish a report that could help lawmakers and regulators evaluate whether additional consumer and worker protections are necessary.
Personalized pricing is difficult to detect because two people may see different prices for the same product or service without knowing that another price was available. The growing use of artificial intelligence has increased concerns that businesses can analyze large volumes of personal information to estimate what each customer is willing to pay.
Companies deny individualized pricing
Delta said it has never used—and does not plan to use—personal data to create individualized fare offers. JetBlue said its ticket prices are based on demand and seat availability and that customers have access to the same fares.
Instacart said retailers determine product prices on its platform and that compensation for its shoppers is based on factors related to each delivery assignment. Walmart has also previously said it does not use information such as income, shopping history or a customer’s willingness to pay to establish individualized prices.
The remaining companies had not all issued public responses when the inquiry was announced.
The FTC approved the information orders by a 2-0 vote. The investigation comes as concerns about inflation, consumer privacy and the cost of living remain prominent ahead of next week’s congressional elections.
