The news: The FTC is putting retailers on notice over personalized pricing, according to The Wall Street Journal. Companies will now be required to disclose when they use consumers’ personal information to tailor prices, curbing their ability to engage in dynamic and other forms of surveillance pricing.
Why it matters: The FTC’s new rule points to growing government scrutiny over retailers’ pricing tactics—although whether that oversight will come with stiffer punishments is unclear. While the FTC mandates that companies must have “clear and conspicuous” disclosure of any personalized pricing, including what type of information was used to create the offer, chairman Andrew Ferguson acknowledged that the commission “does not have the legal authority to ban personalized pricing in all circumstances,” raising questions about how and when the rule will be enforced.
The rule might be most effective as a form of public shaming. Forcing companies to reveal where and how they are using customer data to personalize prices could trigger a consumer backlash, like the one Instacart experienced after a report found that it was charging customers different prices for identical products. With the rising cost of living leading households to be more sensitive to businesses’ pricing policies, any hint that retailers are more focused on maximizing revenues than delivering value could trigger a customer exodus.
Implications for retail: Opposition to personalized pricing is growing. While several states have already banned or curbed the use of the tactic, the FTC’s latest enforcement action could pave the way for more active federal regulation. That would likely be a politically popular move: Nearly two-thirds (62%) of US adults are concerned about personalized pricing, according to a December Talker Research survey.
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