FTC proposal would require retailers to be transparent about personalized pricing

Companies that secretly vary prices based on how much they think individual customers will pay could face federal charges under a proposed policy released Wednesday by the Federal Trade Commission.

“When consumers see a listed price, they expect it to be (the) same price that everyone else sees, not the retailer’s estimate of how much they are willing to pay based on their personal data,” FTC Chairman Andrew Ferguson said in a statement.

The FTC has had its eye on personalized pricing for several years. In a preliminary report filed in January 2025, the agency found that grocers, clothing companies and others were using third-party companies to help them individualize online prices based on shoppers' locations, browsing histories and other factors, including how long they left items in their virtual shopping carts.

In one hypothetical example, the FTC said a consumer profiled as a new parent might be shown higher-priced baby thermometers on the first page of their search results.

Ferguson said the FTC doesn't have the legal authority to ban personalized pricing in all circumstances. But under the proposed policy, businesses would have to “clearly and conspicuously disclose” if they are engaging in personalized pricing and share the types of data they're using to set those prices.

The proposed policy states that companies engaged in personalized pricing without revealing the practice and the data behind it could violate the FTC Act, which prohibits unfair or deceptive practices in the marketplace.

The FTC is seeking comment on the policy for 30 days.

Several retail trade groups didn't comment directly on the FTC's proposal Wednesday.

The National Retail Federation, which represents big companies like Walmart, Target and Macy's as well as smaller stores, said retailers want to continue to offer incentives like loyalty and rewards programs, which collect personal data and provide offers tailored to individuals.

“NRF has and will continue to aggressively advocate to protect these programs that deliver timely savings and personalized offers that are relevant to each shopper's interests,” said David French, NRF's executive vice president of government relations.

FMI, a trade group for the U.S. grocery industry, said Wednesday it was reviewing the proposal and didn’t have immediate comment. But in a letter FMI sent to U.S. senators this month after a subcommittee hearing on personalized pricing, FMI also said it hoped to preserve shopper loyalty programs.

In the letter, FMI also noted that electronic shelf labels, which are becoming increasingly common at grocers and retailers like Walmart, don't automatically change prices based on individual shoppers.

The Retail Industry Leaders Association, a trade group that represents Best Buy, Home Depot, Dollar General and 200 other retailers, didn't comment on the new proposal Wednesday but cited its own letter sent to U.S. senators earlier this month.

In the letter, the association said retailers don't use consumers' personal data to increase prices because that would jeopardize customer loyalty.

“As shoppers demonstrate an increased willingness to seek out lower prices, competition among retailers intensifies to meet customers' needs, creating a strong and continuous incentive for retailers to offer attractive prices, discounts and value,” the letter said.

The FTC's action comes amid consumer unease about pricing tactics. Wendy's faced a backlash in 2024 after it said it was considering charging more for its menu items during peak times. Uber and Lyft have also been in lawmakers' crosshairs for their surge-pricing practices.

Several states, including Maryland, Connecticut and New Jersey, have already passed laws prohibiting personalized pricing at grocery stores. California and New York are also considering legislation that would ban personalized pricing.

New Jersey also placed a one-year moratorium on new electronic shelf labels despite retailers' assurances that the labels aren't used for personalized pricing and can actually help consumers by, say, automatically lowering prices for foods that are about to expire.

The consumer advocacy organization Consumer Reports said Wednesday that the FTC's proposal was encouraging but might still require consumers to read detailed disclosures on pricing while shopping online.

The group said the FTC and Congress should instead follow the states' lead and ban companies from using customer data to personalize prices in the first place.

FILE - FTC Chairman Andrew Ferguson speaks in the Eisenhower Executive Office Building at the White House complex, May 26, 2026, in Washington. (AP Photo/Mark Schiefelbein, File)

FILE - The official seal of the Federal Trade Commission is seen on an office building in Washington, Feb. 13, 2026. (AP Photo/Cliff Owen, File)

RENTON, Wash. (AP) — The Seattle Seahawks signed cornerback Trevon Diggs on Wednesday.

A person with knowledge of the deal told The Associated Press the contract is expected to be a one-year deal. The person spoke to the AP on condition of anonymity because the terms hadn't been announced.

Diggs is a two-time Pro Bowler coming off a season in which he was waived by the Dallas Cowboys and released by the Green Bay Packers. In joining the Super Bowl champions, the 27-year-old hopes to more closely resemble the player who had an NFL-leading 11 interceptions and earned All-Pro honors in 2021.

“I’m looking to show that I’m still the best,” Diggs said. “I’m looking to show that I just want to win and be there for my teammates and be a great teammate and be a great player.”

The Seahawks brought in Diggs less than a week after the team entered an agreement with cornerback Terrion Arnold, whose status for the 2026 season is uncertain.

Arnold is facing eight felony charges stemming from allegations he orchestrated the abduction and beating of three men in February. He became a free agent in June, when the Detroit Lions released him a few days after the kidnapping, armed robbery and conspiracy charges were levied.

Arnold will be placed on the commissioner's exempt list when he signs. He will not be permitted to play or practice while the league investigates his case but can be paid and attend team meetings.

Wide receiver Julian Hicks was waived to make room for Diggs on the 90-man roster.

Diggs should add depth to a secondary that lost cornerback Riq Woolen to free agency and has been without second-year safety Nick Emannwori, who had offseason ankle surgery, during training camp.

In 2025, Diggs played six games for Dallas before sustaining a concussion in an accident at home on Oct. 16. He didn’t explain the cause of the injury to reporters until two months later, when he said he got hit in the head when he was mounting a pole while trying to install a TV.

“It was tough, but just keeping good people around you (helps),” Diggs said of his recovery. “My family is a great support system for me, keeping my mental straight. Just keep going.”

Even after Diggs cleared the concussion protocol, he remained off the field with what the Cowboys described as lingering knee issues. Diggs then returned for two games before getting waived in late December.

He joined the Packers just before their final regular-season game. He played nearly half of Green Bay’s defensive snaps in his Packers debut as the team rested its starters in a 16-3 loss at Minnesota. But he was on the field for only one snap when the Packers lost 31-27 at Chicago in an NFC wild-card playoff game.

Diggs made the Pro Bowl in 2021 and 2022 but his performance has declined since, in part because of two major knee surgeries. He declared himself healthy on Wednesday.

“It’s my first offseason that I’ve been able to just not rehab and actually do offseason training,” Diggs said. “So, a lot of trainers put the work in, helped me put the work in to get to where I’m at today.”

Diggs has played in 71 NFL games, including playoffs, since the Cowboys took him with the 51st pick in the 2020 draft out of Alabama.

The Seahawks fielded arguably the NFL’s best defense last season. No team allowed fewer points per game (17.2), and Seattle finished in the top seven in the league in sacks and interceptions.

Diggs has been teammates previously with Seattle cornerback Josh Jobe and defensive end DeMarcus Lawrence.

“It was just finding somewhere that felt like home,” Diggs said. “Finding somewhere that I’ll have the opportunity to compete, have the opportunity to play. It felt right.”

See AP’s full NFL coverage here

FILE - Dallas Cowboys cornerback Trevon Diggs (7) walks along the sideline during the first half of an NFL football game against the Los Angeles Chargers, Dec. 21, 2025, in Arlington, Texas. (AP Photo/Tony Gutierrez, File)