FTC Proposes Enforcement Policy Statement on Personalized Pricing and What It Means Under Florida’s FDUTPA
On August 19, 2026, the Federal Trade Commission announced it is seeking public comment on a proposed enforcement policy statement addressing personalized pricing, according to an FTC press release. The FTC defines personalized pricing as “the use of personal data to set prices according to the amount that a company believes an individual consumer is willing to spend.” The Commission voted 2-0 to issue the proposed statement for comment, and comments are open until September 18, 2026. Here is what the proposal says and how it connects to consumer protections in Florida.
What the FTC Is Proposing
The proposed statement lays out conduct that could violate Section 5 of the FTC Act, the federal law that prohibits unfair or deceptive acts or practices. According to the FTC’s press release, that conduct includes representing or implying that a price is static when it actually varies by individual, collecting or using personal data for personalized pricing without disclosure, and failing to inform consumers how their personal data influences the price they see.
FTC Chairman Andrew Ferguson said in the announcement: “When consumers see a listed price, they expect it to be same price that everyone else sees, not the retailer’s estimate of how much they are willing to pay based on their personal data.”
This is a proposed policy statement, not a final one. The public can weigh in at regulations.gov under Docket FTC-2026-1057 until September 18, 2026.
What Businesses Would Have to Disclose
An analysis by the law firm Holland & Knight explains what the proposed statement would require of businesses that use personalized pricing. They would need to clearly communicate three things: that a price is personalized, the basis for the personalization, and the types of data used. Vague labels like “specially selected” would not be enough.
The Holland & Knight analysis also describes examples of concern. These include charging higher prices to consumers with health vulnerabilities, consumers with fewer transportation alternatives, and consumers going through recent personal crises. Under the proposed statement, violations would include failing to disclose personalized pricing, misleading consumers about price uniformity, and basing prices on personal data without adequate consent.
The analysis notes that several states already have overlapping laws on personalized or algorithmic pricing, including New Jersey, Maryland, Connecticut, and New York. Florida is not on that list. But Florida consumers are not without protection.
How This Connects to Florida Law
Florida’s main consumer protection statute is the Florida Deceptive and Unfair Trade Practices Act, known as FDUTPA. Section 501.204(1) of the Florida Statutes declares unlawful “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.”
FDUTPA is closely tied to federal law. Section 501.204(2) directs that in interpreting the statute, “due consideration and great weight” must be given to interpretations of the FTC and the federal courts relating to Section 5 of the FTC Act as of July 1, 2017.
That date matters. Because the statute points to FTC interpretations as of July 1, 2017, the new proposed statement does not automatically control how FDUTPA is read. Still, FDUTPA independently prohibits deceptive and unfair practices in Florida.
What Florida Consumers Should Know
Based on the sources above, here is the practical picture for Florida consumers.
First, the price you see online may not be the price everyone sees. The FTC’s definition covers companies using your personal data to estimate what you are willing to spend.
Second, the FTC’s press release notes steps consumers might take to avoid higher personalized prices, such as using a virtual private network, browsing in a private session, or avoiding the retailer entirely.
Third, you can be heard. Public comments on the proposed statement are open until September 18, 2026, at regulations.gov, Docket FTC-2026-1057. The FTC also directs consumers to report fraud and bad business practices at ReportFraud.ftc.gov.
Fourth, Florida law already prohibits deceptive and unfair practices in trade or commerce under FDUTPA. Whether a specific pricing practice crosses that line depends on the facts, but the state statute exists and applies to businesses operating in Florida.
The comment period closes soon, and the final shape of the FTC’s policy is not yet settled. What is clear from the August 19 announcement is that regulators are focused on how companies use personal data to set individual prices, and that disclosure requirements are central to the proposal.
This article is for informational purposes only and is not legal advice. If you are dealing with deceptive pricing or unfair business practices, contact Ethan Babb Law Firm at 321-529-2222 or intake@babblaw.com.
