RILA Comments on FTC Proposed Personalized Pricing Policy

The Retail Industry Leaders Association submitted comments to the Federal Trade Commission on its Proposed Enforcement Policy Statement Regarding Personalized Pricing. RILA urges the FTC to narrow the proposed policy and focus enforcement on practices that use an individual consumer’s data to raise the price that consumer pays above the published or generally available price. RILA also asks the Commission to confirm that discounts from published prices, ordinary market-responsive pricing and bona fide consumer benefits are outside the policy’s targeted conduct. 

The comments explain how an overly broad personalized pricing policy could affect retail loyalty programs, personalized discounts and promotions, electronic shelf labels, first-party consumer data use and other tools retailers use to provide savings and improve the shopping experience. RILA also raises concerns about the proposal’s approach to FTC Act Section 5 standards, its disclosure requirements and the potential for increased litigation stemming from vague definitions and legal standards. 

Retailers, policymakers and other stakeholders can download RILA’s full comments to explore the retail industry’s recommendations for an FTC personalized pricing policy that protects consumers while preserving legitimate discounts, loyalty benefits and retail innovation.