Orders to 9 U.S. Companies Expose Personal Pricing and Worker Pay Practices
Key Facts
On October 28, the Federal Trade Commission issued orders to 9 companies seeking information on the use of personal data to set prices and worker compensation, widening the agency’s review of pricing practices in aviation, transportation and delivery. The companies include DoorDash and Instacart, as well as airlines, passenger transportation and food delivery companies. The commission said its aim is to assess whether the price of a service or product varies from one person to another. The commission voted 2-0 to issue the orders. The move is part of an information-gathering study and does not constitute an accusation against DoorDash or an announcement of enforcement action against it.
The orders were issued under Section 6(b) of the Federal Trade Commission Act, which authorizes the commission to conduct broad studies that need not have a specific law-enforcement purpose. Under this authority, the commission sought information that would allow it to compare prices for tickets, rides, food delivery services and other offerings across customers. The questions include whether prices change based on personal data or participation in loyalty programs. The commission said it wants to understand the methods companies use to set prices and compensation, not to prove a specific violation at this stage. This legal basis places the measure within a broader regulatory research effort, rather than an enforcement case targeting a particular company.
The commission wants transportation and delivery platforms to document the inputs, tools and procedures they use to adjust prices or worker pay. Examples of data cited by the commission include a worker’s use of their phone and their history of accepting previous job offers. Commission Chairman Andrew Ferguson said: "We intend to scrutinize opaque methodologies that some companies in these sectors may use." The request focuses on how information about consumers and workers feeds into pricing and compensation decisions. The study covers both what a customer pays and what a gig worker earns for the same service.
The current study has a precedent at the commission: it said its study of personalized pricing in mid-2024 covered advisory intermediaries, but not the companies that actually set prices. The new orders, by contrast, seek information directly from companies operating in the sectors concerned. In August 2026, the commission invited the public to comment on a draft policy statement on enforcement regarding the use of personal information to set a price specific to an individual consumer. The commission said failure to disclose such use could violate its law. It extended the comment period on the draft by 7 days and set September 25, 2026, as the new deadline for submitting comments.
The study overlaps with an earlier review of how DoorDash calculated delivery workers’ pay in New York. The city said in September 2026 that a settlement would provide compensation to more than 260 thousand workers, and that its investigation found instances of nonpayment or delayed payment. The city added that the company raised hourly pay to the minimum wage in December 2023, but excluded categories of travel and waiting time when calculating compensable time. That case provides separate local context for the federal commission’s study, which examines pay-setting practices more broadly. The new order remains focused on collecting data about the inputs and mechanisms used by platforms.
In comments published by Reuters on October 28, spokespeople for Delta, JetBlue and Instacart said their companies do not engage in personalized pricing, while representatives of the other companies did not immediately respond to requests for comment. Delta said it does not tolerate discriminatory or unfair pricing and complies with pricing and advertising laws. The statements did not include details of DoorDash’s response to the order. DoorDash shares, listed under the ticker DASH, closed at 179 dollars on October 29. The available data do not include the stock’s trading range during the session.
The companies are due to respond within 45 days of receiving the orders. If they do not provide the requested information, the commission can ask a federal court to compel compliance. The commission said, according to Reuters, that it will use the information to prepare a study to help regulators and lawmakers understand personalized pricing and pay-setting practices. The planned study will follow the collection of company responses and analysis of the data they provide on the tools and procedures used. The commission did not specify a publication date for the study in the information provided.