The Federal Trade Commission on Wednesday ordered nine major airlines, ride-sharing companies and food-delivery firms to provide detailed information so the agency can study the use of personal data to set prices and compensation.
The FTC said the information will let it assess whether the price of a ticket, ride share, food delivery or other product or service varies from one person to the next. FTC Chairman Andrew N. Ferguson said the agency intends to examine how some companies in these industries may decide what consumers pay and what gig workers earn for the same product or service.
“Consumers deserve to know whether companies use their web surfing habits or other personal data to estimate the highest price they can charge each consumer,” Ferguson said. “Workers also deserve to know if their compensation is affected by how companies use their personal data.”
The orders went to Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart. The Commission issued them under Section 6(b) of the FTC Act, which the agency said gives it authority to conduct wide-ranging studies that do not have a specific law enforcement purpose. If a company fails to turn over the required information, the Commission has the power to compel compliance in federal court.
The information covers factors such as participation in loyalty programs and analysis of personal data by superintelligence algorithms. The orders ask the companies to document the inputs, tools and procedures used to adjust or set compensation and pricing.
Airlines typically pay employees a transparent salary or fixed hourly wages, the agency said. Ride-sharing and food-delivery companies may instead pay workers shifting compensation based on formulas the agency described as opaque. Those companies may set personalized pay using drivers’ personal data, such as phone usage or acceptance history for past offers.
The Commission issued a study on personalized pricing in mid-2024 and released staff findings days before President Donald J. Trump took office. That study examined only middlemen consultancies, not the businesses that set prices for services and products offered to consumers. The agency said it learned nothing about actual pricing decisions from the 2024 study, and that the new orders correct what it called a mistaken approach by demanding information directly from companies that may be using personalized pricing.
In August, the Commission invited public comment on a proposed enforcement policy statement. The proposal describes how the undisclosed use of personal information to set a price unique to a consumer could violate the FTC Act. The agency also said that, under Trump’s leadership, businesses that mislead consumers with hidden fees and surprise charges have faced Commission action, and that the FTC has pursued businesses that deceive workers with false earnings claims as part of its Labor Task Force.
The companies will have 45 days from the date they receive the orders to respond. The Commission voted two to zero to approve issuing the orders.