FTC demands documents from nine companies on surveillance pricing practices

The U.S. Federal Trade Commission (FTC) has required nine major companies—including Walmart, Uber, Delta, and Instacart—to provide documents about their use of surveillance pricing, a practice where individualized prices are set based on consumer data. The 45-day deadline aims to uncover how these practices affect both consumers and workers, particularly in the gig economy.

Tarun Mottlia

Editor, Lazyfounder

Published Oct 31, 20262 min read

FTC demands documents from nine companies on surveillance pricing practices — Image: © Shutterstock / Refrina via source

What the FTC is investigating

The FTC has sent document requests to nine companies: Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target, and Walmart. The requests focus on surveillance pricing (also called personalized pricing), where companies use consumer data to set individualized prices.

The agency is examining how these practices affect both consumers and workers, including gig workers who may face algorithmic pay adjustments. The investigation follows an August announcement from the FTC under President Donald Trump that surveillance pricing could violate existing laws.

Corporate responses and patents

Delta and Instacart have publicly denied using surveillance pricing, while the other companies have not yet responded. Some firms, like Walmart, hold patents related to dynamic pricing technologies—for example, a patent for digital shelf labels that adjust prices based on consumer data.

Activists, including Lindsay Owens of Groundwork Collaborative, have testified before Congress that such patents exist but are often downplayed by companies. Owens’ testimony highlighted concerns that gig workers could be paid the minimum amount algorithms determine they will accept.

Regulatory language and technology

The FTC’s document request uses the term super intelligence to describe artificial intelligence, a term associated with the Trump administration’s policies. AI is central to surveillance pricing, as it enables companies to analyze large datasets to set prices dynamically. The FTC’s investigation will scrutinize the transparency and legality of these pricing methodologies.

What this means

Lazyfounder analysis — our interpretation, not reported fact.

This investigation signals a shift toward stricter scrutiny of how companies use consumer data to influence pricing and worker pay. For founders and operators, especially those in e-commerce, gig economy platforms, or AI-driven pricing tools, the outcome could set precedents for compliance requirements. If the FTC finds violations, it may lead to new regulations or enforcement actions, forcing companies to rethink their data-driven pricing strategies or face legal risks.

Sources

Gizmodo · 2026-10-29
Feds Demand Info on Surveillance Pricing From 9 Companies, Including Walmart, Uber, and Delta

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