FTC Orders Delta, Walmart, and Ride-Hailing Firms to Disclose Data Use in Pricing

The Federal Trade Commission issued orders on Wednesday requiring Delta Air Lines, Walmart, and several other major companies to reveal exactly how they use consumer data to set prices. The agency is also scrutinizing how ride-sharing and delivery platforms utilize driver data to determine compensation. This move targets the methods these firms use to calculate costs for individual customers and workers.

FTC Chairman Andrew Ferguson said the commission intends to examine the methodology companies use to determine payment levels. Orders were sent to Delta, Walmart, United, JetBlue, Lyft, DoorDash, Instacart, and Target. Each company must provide information that allows the FTC to assess if prices vary based on loyalty program participation or personal data analysis.

The investigation also covers how firms pay independent drivers. The FTC is looking at whether compensation relies on personal data such as phone usage patterns or a driver's history of accepting specific rides or deliveries. If a company fails to turn over the requested data, the FTC said it can force compliance through federal court.

Delta responded by stating it has zero tolerance for discriminatory or predatory pricing. The airline said it fully complies with current laws and does not target customers with individualized offers based on personal data. JetBlue stated that fares are determined by demand and seat availability, ensuring all customers have access to the same prices regardless of their browsing history.

Walmart's CEO said in a statement last month that the retailer does not use personal information like income or shopping history to set prices. The Associated Press reached out to Target, DoorDash, and other named companies for comment but did not receive immediate responses. These reactions come as public concern over pricing technology and artificial intelligence grows.

Legislators in at least 30 states have considered pricing-related bills this year. These measures address algorithmic and personalized pricing, according to the National Conference of State Legislatures. In August, the FTC announced a proposed policy requiring businesses to clearly disclose if they engage in personalized pricing and specify the data types used.

The agency has extended the comment period on that policy until November 21. Ferguson, who took over the FTC when President Donald Trump took office, previously criticized a January 2025 preliminary report as rushed. He argued the report should have asked companies directly for data instead of focusing on third-party intermediaries used to individualize online prices.