Delta, Walmart, and gig apps must explain how personal data shapes prices and pay

The Federal Trade Commission ordered Delta Air Lines, Walmart, United, JetBlue, Lyft, DoorDash, Instacart, and Target to provide detailed records on how they use consumer data. The orders require these firms to explain how personal information affects the prices customers pay and the rates workers earn. The move places specific pressure on major retailers and travel companies to show their work on data-driven pricing models.

Chairman Andrew Ferguson stated the commission intends to scrutinize the opaque methodology used in these industries. He noted that some companies may determine consumer costs or gig worker pay using methods that are not clear to the public. The orders specifically target whether pricing varies for the same product or service based on individual user profiles. This includes checking if loyalty program status or personal data analysis leads to different charges for different people.

The inquiry also covers how ride-sharing and delivery platforms compensate independent drivers. The FTC is examining if workers are paid based on personal data such as phone usage patterns or their history of accepting jobs. Companies that fail to turn over the requested data face potential compulsion in federal court. This legal threat aims to ensure full compliance with the new information demands issued this week.

Delta Air Lines responded that it has zero tolerance for discriminatory or predatory pricing. The airline stated it fully complies with current pricing and advertising laws. A company spokesperson clarified that no fare product currently used or planned targets customers with individualized offers based on personal data. JetBlue also denied using personal information or web-browsing history to set individual prices. It explained that fares are determined by demand and seat availability, ensuring all customers access the same rates.

Walmart’s CEO previously stated that the retailer does not use personal information like income or shopping history to set prices. The company added that it does not plan to use such data in the future. The Associated Press contacted Walmart, Target, DoorDash, and others for additional comment regarding the new orders. This response follows a trend of corporate clarification as regulators tighten oversight on algorithmic pricing tools.

State legislatures in at least 30 states have considered bills related to pricing technology this year. These measures address algorithmic and personalized pricing practices. The FTC’s actions align with a proposed policy from August that would require clear disclosure of personalized pricing. That rule also mandates sharing the types of data used to set prices. The comment period for that policy remains open until November 21.

A preliminary report filed in January 2025 found that grocers and clothing companies used third-party firms to individualize online prices. That report cited factors like shopper location, browsing history, and how long items sat in virtual carts. Ferguson, who assumed the chairmanship when President Donald Trump took office, said that earlier report was rushed. He argued the commission should have asked companies directly for data rather than focusing on third-party intermediaries.