“We ask the Commission to revise the statement...."
SEPT. 30, 2026 - WASHINGTON, D.C. | Ahead of the administrative deadline last week, the National Small Business Association (NSBA) submitted comments to the Federal Trade Commission regarding the agency’s proposed policy for personalized pricing.
Increasingly relied upon by small-business owners to offer, for example, discounts to repeat buyers or tokens of customer appreciation on certain holidays or birthdays, on Aug. 19, the FTC issued a policy statement outlining plans to formalize its approach of how personal data may be used to set prices for goods and services.
Joined by eight other organizations representing small-business owners, including the Association of Women’s Business Centers, the National LGBTQ+ & Allied Chamber of Commerce (NGLCC), and the U.S. Black Chambers, Inc. (USBC), NSBA’s comments begin by offering support for the FTC’s stated policy goal of stopping businesses from secretly charging some customers more than others based on what a business knows about them.
However, the comment letter continues with concerns on the FTC proposal, specifically citing a need for further details and clarity ahead of final publication and enactment, like clearly distinguishing between a “markup” or “discounts.” These are terms small businesses are utilizing more in digital and automated workflow practices to attract new and keep repeat customers in an increasingly competitive economic environment.
“The statement does not say whether these practices are covered, and, if they are, what a compliant disclosure would say,” NSBA’s comment reads. “A business trying to act in good faith cannot answer that question from the Commission's own document.”
NSBA further articulated its concerns with the FTC policy proposal through several examples of state-level policies on personalized pricing, highlighting how implementation of these policies across the nation is not only creating a patchwork network of compliance for small-business owners to navigate, but limiting small business’ abilities to offer legitimate discounts or incentives for customers.
Recognizing the policy statement to be just that, and not yet a fully proposed rule published by formal notice in the Federal Register at this time, NSBA and the cosignatory small-business associations are urging the FTC to reconsider its policy for the potential it bears to shape future legislation or provision with enforcement authority:
“We ask the Commission to revise the statement so that it turns on whether a business is concealing a price increase, not on whether a business used any customer data at all, and to withdraw or narrow the disclosure requirement until it can be met with tools that actually exist.”
Read NSBA’s full comment here.