Comer Continues Investigation into Surveillance Pricing Practices and Their Impact on American Consumers
WASHINGTON—House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) is continuing the investigation into surveillance pricing practices and the unfair impact they have on American consumers. On August 19, 2026, the Federal Trade Commission (FTC) published its Proposed Enforcement Policy Statement Regarding Personalized Pricing for public comment that informs consumers that companies’ failure to disclose its use of personal data to set prices is a violation of Section 5 of the FTC Act. In a letter to FTC Chairman Andrew Ferguson, Chairman Comer requests a staff-level briefing on the Commission’s proposed policy statement for further information to help support the House Oversight Committee’s investigation.
“The Committee opened an inquiry into surveillance pricing practices in March 2026. The Committee’s examination of these practices has reinforced our concern that consumers are frequently unable to determine whether or how their personal data is being used to determine the price they are charged in store or online. Several of the companies approached by the Committee in the course of its investigation are the owners of patent technology that tracks consumer behavioral data, including demographic information and consumer shopping history,” wrote Chairman Comer. “Given the rise of ‘surge’ or ‘dynamic’ pricing practices that result in rapidly fluctuating prices, it is difficult for consumers to know if they are being charged a price truly based on supply and demand or if the price they see is set by an algorithm using personalized data to determine the consumer’s maximum “willingness to pay.”
In March 2026, the House Oversight Committee opened an investigation into the use of artificial intelligence to conduct surveillance pricing of consumers that artificially increases the prices of goods and services. Some companies use consumer data in price surveilling to create digital profiles based on individualized data such as geolocation, demographics, browsing history, purchase history, device type, battery life, and mouse clicks to assign different prices to different individuals in ways consumers cannot understand, anticipate, or control. The FTC’s policy statement makes clear that where consumers reasonably expect a price will not vary based on their personal data, a company’s failure to clearly and conspicuously disclose its use of that data to set a price may constitute an unfair or deceptive act or practice in violation of Section 5 of the FTC Act
“The Commission’s policy statement is a significant step toward addressing this lack of transparency, and the Committee supports a final policy that reflects a clear, workable, and well-supported legal framework. This issue has drawn considerable bipartisan attention. On August 4, 2026, the Senate Judiciary Committee’s Subcommittee on Crime and Counterterrorism held a hearing examining the cost of surveillance pricing on consumers. Given the breadth of federal and state interest in surveillance pricing, the Committee believes a briefing with the Commission on the enforcement policy will advance its oversight,” concluded Chairman Comer.
Read the letter to FTC Chairman Ferguson here.
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