NACS Asks FTC to Extend Personalized Pricing Comment Deadline
The proposed policy raises significant legal, operational, and policy considerations that warrant careful evaluation.
Aug 28, 2026 | 2 min read
NACS, alongside several other associations, submitted an extension request to the Federal Trade Commission (FTC) yesterday regarding its proposed enforcement policy statement on personalized pricing. This is an emerging issue amongst policymakers in D.C. and across the country that is rife with misinformation and poses significant risks to longstanding retail business and pricing practices as well as customer loyalty programs and discounts.
NACS requested that the FTC extend the current September 18, 2026, comment deadline for its Proposed Enforcement Policy Statement Regarding Personalized Pricing (FTC-2026-1057) by 60 days to November 17, 2026. The proposed enforcement policy statement raises significant legal, operational, and policy considerations that warrant careful evaluation and a meaningful opportunity for affected stakeholders to provide informed input.
The letter states:
“The proposed policy statement addresses a rapidly evolving area involving consumer protection, pricing practices, data governance, technology and disclosure obligations. As drafted, the proposal has implications for a broad range of retail business operations and longstanding business practices, including customer engagement, loyalty and rewards programs, data management, marketing, compliance programs and emerging technologies that retailers use to serve consumers and compete in an intensely competitive marketplace. Retailers are committed to providing the Commission with constructive and substantive feedback regarding these issues. …
An additional 60 days would allow stakeholders to assess the proposed statement carefully, consult appropriate subject-matter experts, and provide the Commission with detailed information regarding potential legal, operational and consumer impacts. Additional time would ensure that the Commission receives the robust and well-developed record appropriate for a policy statement addressing issues of significant importance to consumers, businesses and the broader marketplace.”
