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Regulation AI Minute Newsroom 2026-08-26

The FTC's proposal: if a machine set your price by reading your data, the shop has to tell you which data it read

The FTC's proposal: if a machine set your price by reading your data, the shop has to tell you which data it read

On 19 August the Federal Trade Commission voted 2-0 to publish a proposed enforcement policy statement on personalised pricing, saying it will use Section 5 of the FTC Act against sellers who quote individual prices without saying so. A business would have to disclose three things: that the price is personalised, the basis on which it is personalised, and the types of data feeding it. Implying that a price is the same for everyone when it varies by customer would count as deceptive. The statement singles out prices keyed to signs of vulnerability — a health condition, a family emergency, having no alternative — and says explicitly that machine learning and automated experimentation are a risk multiplier because they make segmentation far more granular. It is a proposal, not a rule: comments are open for 30 days after Federal Register publication under docket FTC-2026-1057, and the agency notes it has no authority to ban the practice outright.

Why it mattersMost AI regulation is aimed at the people who build models. This one is aimed at the number on the screen when you buy something, which is where ordinary people actually meet the technology. Personalised pricing has been legal and effectively invisible, because you never see the price someone else was shown. Turning it into a disclosure question is the move that makes it enforceable — a regulator cannot easily audit an algorithm, but it can check whether a shop said what it was doing.

✓ Verified · 3 sources

▶ Related video: FTC proposes policy against "surveillance pricing"
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