FTC Orders Delta, Walmart, and Gig Firms to Reveal Data Pricing Methods

The Federal Trade Commission issued new orders Wednesday to Delta Air Lines, Walmart, and six other major companies. The agency is demanding detailed records on how these firms use consumer data to set prices. It is also investigating how ride-sharing and delivery platforms use driver data to determine pay.

The orders target United Airlines, JetBlue, Lyft, DoorDash, Instacart, and Target. Each company must provide information that allows the FTC to assess if pricing varies by individual. Factors under review include loyalty program status and personal data analysis.

FTC Chairman Andrew Ferguson said the agency intends to scrutinize opaque methodologies used to determine costs. He noted the focus is on how much consumers pay and how gig workers are compensated for the same products or services.

The commission is also examining worker compensation structures. It wants to know if companies base pay on personal data such as phone usage or a driver's history of accepting rides. The FTC stated it could compel compliance in federal court if the companies fail to turn over the requested data.

Delta responded by saying it has zero tolerance for discriminatory or predatory pricing. The airline stated it fully complies with pricing and advertising laws. It added that no fare product currently used, tested, or planned targets customers with individualized offers based on personal data.

JetBlue said it does not use personal information or web-browsing history to set individual prices. The company stated that fares are determined by demand and seat availability. It asserted that all customers have access to the same fares.

Instacart said shopper compensation is based solely on job-related criteria. These include distance traveled, item count, and expected shopping time. The company also stated it does not use consumer personal information to set prices. A spokesperson said prices on the platform are set by the retailers it serves. Walmart and Target both issued statements last month saying they do not use personal information to raise prices based on customer identity, location, or shopping timing.

The actions come as legislators in at least 30 states consider pricing-related bills this year. The National Conference of State Legislatures reported these measures address algorithmic and personalized pricing. In August, the FTC proposed a policy requiring clear disclosure of personalized pricing. The agency extended the comment period on that policy until November 21.