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Businesses may use personal and behavioral data to tailor the prices, discounts, or products a customer sees. Possible inputs include location, demographics, browsing and purchase history, and information inferred from other data. But a price that changes over time or by location is not proof that a seller used your personal profile: demand, inventory, timing, and eligibility can also explain a difference.
What data can businesses use to personalize prices?
Federal Trade Commission materials describe a broad range of possible inputs. A business or its pricing intermediary could use information you provide, collect through your activity, or obtain from other sources to estimate willingness to pay, choose a discount, target a price, or decide which products appear prominently.
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- Location: General or precise location, which may also affect the availability or cost of an offer.
- Demographics and credit history: Attributes or financial information that may be used to sort customers into groups.
- Browsing and search activity: Pages viewed, searches made, and mouse movements.
- Shopping and purchase history: Previous purchases, activity with the seller or its partners, and products left in an online cart.
- Information you provide or that is inferred: Details entered directly, along with attributes a business estimates from other signals.
- First- or third-party data: Information collected by the seller or obtained from another organization.
These inputs can affect more than the amount displayed. FTC staff have also raised concerns about data shaping product selection and ranking, with possible implications for privacy and competition. The sources identify possible capabilities and examples; they do not establish how common individualized pricing is across businesses.
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Personalized pricing uses personal data to set or tailor a price based on what a business estimates an individual is willing to pay. Dynamic pricing changes with conditions such as demand or inventory. The FTC says dynamic pricing may be used when the pricing information is not misleading. A price that differs by time or location alone therefore does not show that a seller used your browsing history or profile.
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Promotions also need context: a member price or other conditional discount is not the generally available price for someone who does not meet the offer’s conditions. Compare the same item or service under the same seller conditions, location, timing, and eligibility before drawing conclusions.
What does the FTC’s pricing work establish?
The FTC’s 2025 account of its initial staff review described pricing capabilities and examples, including hypothetical examples; it was not a definitive estimate of prevalence. The agency said the intermediaries in the review worked with at least 250 clients selling goods and services such as groceries and apparel. That figure counts clients of intermediaries, not retailers proven to have personalized prices or consumers known to have received them. The initial review analyzed documents from Mastercard, Accenture, PROS, Bloomreach, Revionics, and McKinsey & Co. (FTC, initial study findings; FTC staff issue spotlight.)
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In August 2026, the FTC announced a proposed policy statement on enforcement related to personalized pricing and sought public comment. Chairman Andrew Ferguson said: “The FTC does not have the legal authority to ban personalized pricing in all circumstances, but businesses that fail to tell consumers how their personal data is being used to set a price may be in violation of the FTC Act and other laws we enforce.” The statement was proposed, not a final rule or a general ban. The public-comment deadline was later extended to September 25, 2026. The sources cited here do not establish what happened to the proposal after that deadline. (FTC proposal announcement; comment extension.)
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To tell whether two prices are genuinely different, compare the terms alongside the number shown. A lower headline price may apply only to eligible customers, and fees or delivery choices can change the total.
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- Confirm it is the identical product or service, from the same seller and sales channel.
- Record the date and time, location, and any membership, promotion, or other eligibility condition.
- Compare shipping, taxes, mandatory fees, and options that alter the price.
- Use the complete amount payable—not just the initial headline price—as the comparison.
FTC guidance on covered fees says total pricing must be presented clearly and the final amount shown before payment. If the price changes during checkout, save screenshots or other records showing the offer and checkout details. A difference still cannot, by itself, reveal whether personal data, demand, inventory, location, or another factor caused it. (FTC Rule on Unfair or Deceptive Fees FAQ.)
What can you do if you suspect a price is personalized?
- Compare the same offer elsewhere. Check another seller or channel, matching the item, conditions, location, timing, and eligibility as closely as possible. Keep a record of what you saw.
- Check the checkout total. Review mandatory fees, shipping, and any selections that change the amount before paying. Preserve the displayed offer and checkout details if the price changes.
- Review data-sharing settings. Where practical, check account and loyalty-program settings and limit app or browser permissions you do not need.
- Consider private browsing or a VPN only as limited measures. The FTC has mentioned them as possible steps, but the cited materials do not show that either reliably prevents personalized pricing or produces savings. A seller may have account, transaction, location, inferred, or third-party information beyond a browser session.
- Report suspected deception. If a seller misrepresents whether a price is the same for everyone, hides material data use, or uses misleading urgency, retain the offer and checkout evidence and consider reporting the conduct to the FTC. Whether a practice violates the law depends on the facts and applicable law.
- Choose another seller if practical. If you do not trust a business’s data practices and a reasonable alternative exists, buying elsewhere is an option.
Deleting cookies, using incognito mode, or changing a VPN location is not a proven way to reveal a neutral price. The sources do not provide a reliable consumer-side test that isolates why a particular offer differs.
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What to know about legal protections
The cited materials are primarily federal FTC sources; they do not summarize every state law or protections outside the United States. The FTC says deceptive or unfair practices may violate laws it enforces, but it also says it cannot ban personalized pricing in every circumstance. The 2026 statement discussed above was proposed for comment, not an enacted general prohibition. Whether a specific seller’s conduct is unlawful depends on the facts and the law that applies.
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