In response to the FTC’s Proposed Enforcement Policy Statement Regarding Personalized Pricing, the Program on Economics & Privacy submitted a comment explaining that the FTC lacks the legal authority to declare nothing more than undisclosed personalized pricing a deceptive practice because neither the presence of personalized pricing nor the manner in which a firm engages in personalized pricing renders a product unfit for its intended use or grossly unsafe. Further, given the potentially significant countervailing benefits to consumers and competition from personalized pricing, the Comment argues that the FTC would also be unlikely to show that undisclosed personalized pricing is an “unfair” act or practice under the FTC Act.
