EPIC and consumer groups urge FTC to ban surveillance pricing, calling disclosure insufficient

What happened

On September 25, EPIC and several consumer groups filed comments with the FTC urging it to go beyond disclosure in its Proposed Enforcement Policy Statement on personalized pricing. The commenters argue that surveillance pricing violates the Section 5 unfairness test and that disclosure does not mitigate the harm. They request the FTC to use its Section 18 rulemaking authority to prohibit the practice.

Why it matters for trust and compliance

• Its status is proposed. It is not law yet. Track it, but do not treat it as an obligation.
• The filing pushes the FTC to consider banning personalized pricing, potentially expanding consumer protection against data-driven price discrimination.
• It relates to FTC Act Section 5. The regulations library explains what that law requires.

Who is affected

Recommended actions

1. Check that privacy notices describe the practices this addresses.
2. Inventory where this data is shared or sold and whether opt-outs are honoured.
3. Inventory AI or automated decision systems in scope and their assessments.