The FTC's Personalized Pricing Policy Statement

The best compliance strategy is not waiting for enforcement to arrive; it's preparing for it before regulators ask questions. In this episode of "Clearly Conspicuous," Anthony DiResta interviews his colleague Benjamin Genn of Holland & Knight's Consumer Protection Defense and Compliance Team about the Federal Trade Commission's (FTC) proposed personalized pricing policy statement and its potential impact on consumer-facing businesses. Mr. Genn explains the FTC's disclosure-based approach to personalized pricing (also known as surveillance pricing), outlines the deception and unfairness theories underlying the agency's enforcement framework, and distinguishes lawful dynamic pricing based on broader market conditions from the individualized pricing practices targeted by the government's proposed enforcement focus. He also highlights the practical steps companies should take now, including auditing pricing algorithms, evaluating data use disclosures and assessing risks tied to vulnerability-based pricing practices before the September 18, 2026, comment deadline.