The U.S. Federal Trade Commission (FTC) said on Wednesday that it has asked Delta Air Lines (ASX: DAL), Walmart and other companies to provide detailed information on how they use consumer data when setting prices.
The commission also said it is examining how ride-hailing and food delivery platforms such as Uber use workers' personal data when determining pay standards for independent workers such as drivers or couriers.
FTC Chairman Andrew Ferguson said in a statement: "We intend to closely scrutinize the opaque mechanisms used by some companies in these industries, which may be used to determine the price consumers pay for the same product or service, or the compensation gig workers receive for providing the same service."
The agency said it has also issued related orders to United Airlines, JetBlue, Lyft, DoorDash, Instacart and Target, among other companies.
The FTC said companies must provide relevant information so the commission can assess whether they engage in differential pricing for different individuals in ticketing, ride services, food delivery or other products and services based on factors such as participation in loyalty programs or analysis of personal data.
The agency also said it is investigating whether relevant companies determine worker compensation based on personal data, such as mobile phone usage or past records of accepting orders and deliveries.
The FTC noted that if these companies refuse to submit data, the commission can compel their cooperation through federal court.
Delta Air Lines responded that the company has "zero tolerance" for "discriminatory or predatory pricing" and fully complies with laws and regulations on pricing and advertising.
Delta Air Lines said in a statement: "No fare product that Delta Air Lines has used, currently uses, or plans to use in the future will provide personalized pricing to customers based on personal data."
JetBlue said it does not use personal information or web browsing history to set differentiated pricing.
Target said in a statement posted on its website earlier this month that it does not use personal information to raise prices based on customers' "identity, place of residence or shopping time."
These moves by the FTC reflect growing consumer concerns about pricing technology and the use of artificial intelligence to collect massive amounts of data.
According to the National Conference of State Legislatures, legislators in at least 30 states this year have considered pricing-related bills, including regulatory measures targeting algorithmic pricing and personalized pricing.
In August this year, the FTC proposed a draft policy requiring companies to make "clear and conspicuous" disclosures when adopting personalized pricing and to explain the types of data they use in setting prices. The agency has extended the public comment period for this policy to November 21.
In a preliminary report submitted in January 2025, the FTC found that some grocery retailers, clothing companies and other merchants used third-party companies to personalize online prices based on shoppers' location, browsing history and other factors, including how long an item remained in a virtual shopping cart.
However, Ferguson, who became FTC chairman after Trump took office, said the report was produced too hastily; he believes the commission should have directly requested data from relevant companies rather than focusing on third-party intermediaries.
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