The NAI Comments on FTC Proposed Enforcement Policy Statement on Personalized Pricing

On September 25, the NAI submitted comments to the Federal Trade Commission on its Proposed Enforcement Policy Statement Regarding Personalized Pricing. The NAI agrees that covertly raising prices based on consumer data can violate Section 5 of the FTC Act, but urges the Commission to make clear that data-driven discounts, such as loyalty programs, targeted coupons, and retention offers, remain permissible.

In summary, the NAI recommends that the FTC:

• Add examples confirming that beneficial, discount-oriented practices do not violate Section 5, and define “personalized pricing” around upward price variation.
• Resolve whether fully disclosed personalized pricing can still be unfair.
• Issue model disclosure language and guidance on the “clear and conspicuous” standard.

Read the full comments here: