# FTC Orders Walmart, Uber, Delta and Six Others on Personal Data Pricing

- URL: https://usa-24.com/ftc-surveillance-pricing-probe-walmart-uber/
- Publisher: USA 24
- Section: Tech News & Analysis
- Published: 2026-10-31T13:01:25.463Z
- Updated: 2026-10-31T13:01:25.468Z
- Topics: Federal Trade Commission, Surveillance Pricing, Consumer Protection, Data Privacy, Gig Economy

> The FTC has ordered nine companies, including Walmart, Uber, Delta and Instacart, to disclose whether they use personal data to set individual prices.

## Key takeaways

- The FTC's October 28 orders require nine companies, including Walmart, Uber, Delta and Instacart, to file sworn reports within 45 days of receipt.
- The orders are Section 6(b) study orders, so they gather information and do not find that any company broke the law.
- The FTC also asks how Uber, Lyft, DoorDash and Instacart set driver and courier pay.
- Maryland's food-sector ban and Connecticut's ban both take effect October 1, 2026, and New Jersey penalties reach $50,000 per violation.
- Instacart says it does not engage in surveillance pricing, while Delta says it uses aggregated data rather than individual customer data to inform fares.

The Federal Trade Commission has ordered nine large companies to disclose whether they use personal data to set prices for individual shoppers, a practice known as surveillance pricing. The October 28 orders reach Walmart, Uber, Delta and Instacart, and they arrive days before the U.S. congressional midterm elections.

## Which companies received the FTC surveillance pricing orders

The agency named nine firms in a demand for data that [Reuters, via CNBC](https://cnbc.com/2026/10/28/ftc-walmart-uber-target-data-personalized-pricing.html) described as a request for information on personalized pricing. The recipients fall into three groups:

- Airlines: Delta, United and JetBlue
- Ride-hailing and food delivery: Uber, Lyft, DoorDash and Instacart
- Retail: Walmart and Target

The orders go beyond the sticker price. According to a summary from [The Money Overview](https://themoneyoverview.com/ftc-ordered-walmart-target-delta-uber-five-other-companies-october-28/), they reach posted prices, discounts, coupons and promotions. The core question is whether a company uses personal data about a shopper to decide what that shopper pays.

## How the 6(b) study works and when answers are due

The orders are study orders under Section 6(b) of the FTC Act, a tool that lets the agency collect information from companies before deciding whether to act. The announcement is an information-gathering inquiry, not a finding that any of the nine companies broke the law. The Commission voted 2-0 to issue them.

Each company has 45 days from receiving its order to file a sworn report. That puts the earliest answers in mid-December. Reporting on the announcement day varies. [UPI](https://www.upi.com/Top_News/US/2026/10/29/federal-trade-commission-surveillance-pricing/8051793296018/) said the probe was announced Thursday, while Reuters said an FTC official spoke Wednesday. The orders themselves are dated October 28.

For ride-hailing and delivery firms, the agency will also examine how they determine worker pay. That extends the inquiry past shoppers to drivers and couriers, whose earnings depend on the same platforms' pricing decisions.

## What the companies are saying so far

Instacart answered most directly. [TheStreet](https://www.thestreet.com/retail/ftc-investigation-personalized-pricing-discrepancies-nine-companies) reported the company's statement: “Instacart does not and will not engage in surveillance pricing.”

Delta has taken a narrower position. It said it uses aggregated information rather than individual customer data to inform fare pricing. Aggregated data and individualized prices are different things, and the FTC's questions are built to test exactly that line.

Walmart's position is harder to read. According to [AOL](https://www.aol.com/articles/feds-demand-surveillance-pricing-9-143034000.html), Walmart holds patents tied to surveillance pricing technology, though the company has denied that it has any desire to use that technology. Critics have pointed to those patents, which keeps the question open.

No one outside these companies knows whether any of the nine charges different people different prices. The study exists to answer that question, and the answer will come in sworn filings, not press statements.

## Why the FTC is moving now

FTC Chairman Andrew Ferguson framed the agency's approach in a statement on the orders: “We intend to scrutinize the opaque methodology.” [IAPP](https://iapp.org/news/a/ftc-expands-personalized-pricing-scrutiny-as-states-congress-regulators-turn-up-pressure) reported that statement alongside the wider pressure building on the issue.

Ferguson has said the agency cannot ban personalized pricing outright. In his view, though, a business that does not disclose how personal data sets prices “may be in violation of the FTC Act and other laws we enforce.” That is the agency's working theory: disclosure now, with enforcement possible later.

The groundwork has been laid for months. Reuters reported in December 2025 that the FTC was investigating Instacart's AI pricing tool. House Energy and Commerce ranking member Frank Pallone sent letters to firms including Booking Holdings, DoorDash and Expedia. In January, California's attorney general announced an investigative sweep focused on the practice.

On April 14, 2026, the Commission issued an advance notice of proposed rulemaking. It began as a fee-transparency inquiry into food and grocery delivery platforms and asks whether consumers are told when prices are personalized, according to [Sigma Law Group](https://sigmalawgroup.com/blog/2026-08-06-surveillance-pricing-laws/).

The orders arrive days before the November 3 midterm elections, which gives the move political visibility whatever the agency's intent. Instacart's corporate future is also in play. USA 24 has covered [DoorDash's proposed $17 billion purchase of the company](https://usa-24.com/doordash-instacart-deal-17-billion/) and [Instacart's exploration of a sale after Uber and DoorDash talks surfaced](https://usa-24.com/instacart-sale-uber-doordash-talks/).

## Where state surveillance pricing laws already stand

States are moving faster than Washington. Maryland's Protection From Predatory Pricing Act takes effect October 1, 2026. It prohibits food retailers and third-party delivery services from using surveillance pricing to set higher prices for consumers based on their personal data, according to [Skadden](https://www.skadden.com/insights/publications/2026/05/maryland-becomes-the-first-state-to-restrict-surveillance-pricing).

Connecticut's ban also takes effect October 1. New Jersey became the third state to ban the practice for groceries, with penalties up to $50,000 per violation, according to [Sigma Law Group](https://sigmalawgroup.com/blog/2026-08-06-surveillance-pricing-laws/).

The broader pipeline is larger. More than 40 surveillance pricing bills are pending across two dozen states. New York's One Fair Price Act passed the legislature in June, but as of publication, USA 24 could not confirm whether Governor Hochul has signed it.

## What shoppers and drivers can do now

These steps are general guidance, not advice from the agency. They help you test whether a price is personalized.

- Compare the same item or ride fare while logged out and logged in.
- Check the price on a second device, or from a different location, and note any difference.
- Take dated screenshots of prices, fare estimates and promotions, since companies can change them quickly.
- If you believe you are being charged an individualized price, file a complaint with the FTC.
- Check whether your state has a disclosure or ban law in effect, starting with Maryland, Connecticut and New Jersey.
- Gig drivers and couriers can keep records of offers and payouts for each trip.

A price difference alone does not prove personalization. Promotions, store location, inventory and timing can all change what you pay, so compare carefully before drawing conclusions.

## What to watch next

The 6(b) study is a fact-finding tool, so any enforcement would come later. Three things will show where this goes: whether the sworn reports arrive in mid-December and what they disclose, whether the FTC publishes findings from the study, and whether the April advance notice becomes a formal rule. Congress has also taken up the issue, but the orders rest on existing law and do not depend on a new federal statute.

The first real test is the response window. If the companies describe their pricing systems in detail, the debate will shift from whether personal data affects prices to how much of that process consumers can see. If companies lean on aggregated data, as Delta has, the FTC will need to show where aggregated data ends and individualized pricing begins.

## Frequently asked questions

### What is surveillance pricing?

Surveillance pricing means using personal data about an individual shopper to set the price that shopper sees. The FTC's orders ask companies whether they do this, and they cover posted prices, discounts, coupons and promotions. Some companies deny using individual data, and the agency has not made findings against any of them.

### Which companies did the FTC order to respond?

The FTC named nine companies: Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart. Each has 45 days from receiving its order to file a sworn report, so answers are due in mid-December at the earliest.

### Does the FTC order mean these companies broke the law?

No. The orders are Section 6(b) study orders, which gather information rather than find violations. Chairman Andrew Ferguson has said businesses that fail to disclose how personal data sets prices may be in violation of the FTC Act, but no findings have been made against any company.

### Which states ban surveillance pricing?

Maryland's food-sector ban and Connecticut's ban both take effect October 1, 2026. New Jersey became the third state to ban the practice for groceries, with penalties up to $50,000 per violation.

### How can I tell if I am being charged a personalized price?

Compare the same item or fare while logged in and logged out, on different devices, or from different locations. A price difference alone does not prove personalization, because promotions, store location and timing also change prices.

## Sources

1. [FTC demands Walmart, Uber, Delta and others hand over data on personalized pricing](https://cnbc.com/2026/10/28/ftc-walmart-uber-target-data-personalized-pricing.html)
2. [FTC expands personalized pricing scrutiny as states, Congress, regulators turn up pressure](https://iapp.org/news/a/ftc-expands-personalized-pricing-scrutiny-as-states-congress-regulators-turn-up-pressure)
3. [The FTC ordered Walmart, Target, Delta, Uber and five other companies on October 28…](https://themoneyoverview.com/ftc-ordered-walmart-target-delta-uber-five-other-companies-october-28/)
4. [FTC seeking information from Walmart, JetBlue, others on pricing](https://www.upi.com/Top_News/US/2026/10/29/federal-trade-commission-surveillance-pricing/8051793296018/)
5. [Do Walmart, Delta, Instacart charge you more than your neighbor? FTC probes](https://www.thestreet.com/retail/ftc-investigation-personalized-pricing-discrepancies-nine-companies)
6. [Maryland Becomes the First State to Restrict Surveillance Pricing in the Food Industry](https://www.skadden.com/insights/publications/2026/05/maryland-becomes-the-first-state-to-restrict-surveillance-pricing)
7. [Three States Have Now Banned Surveillance Pricing, and Congress Wants a Turn](https://sigmalawgroup.com/blog/2026-08-06-surveillance-pricing-laws/)
8. [Feds Demand Info on Surveillance Pricing From 9 Companies, Including Walmart, Uber, and Delta](https://www.aol.com/articles/feds-demand-surveillance-pricing-9-143034000.html)