House Committee expands surveillance pricing inquiry to airlines: Top points

On August 11, 2026, the United States House of Representatives Energy and Commerce Committee issued a new round of detailed information requests to eight US airlines. The Federal Trade Commission (FTC) defines surveillance pricing as a form of personalized dynamic pricing in which a consumer’s online data, including location, demographics, browsing history, shopping habits, or device type, is used to set individualized prices based on an inferred willingness to pay. 

The Committee’s information requests signal heightened federal attention to the intersection of consumer data, algorithmic pricing, and transparency obligations against the backdrop of recent FTC activity and emerging state legislation restricting or regulating surveillance pricing.

Background and key information requests

On May 11, 2026, House Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) launched an initial round of letters to 25 major corporations inquiring about their surveillance pricing practices. On August 11, 2026, the Committee expanded its investigation with a letter specifically focused on the airline industry. 

Both letters pose 19 questions addressing:

• What data elements related to customers are collected and used to inform or set prices
  
  
• Whether companies purchase, license, or otherwise acquire consumer data from third parties for pricing purposes
  
  
• Whether and how artificial intelligence (AI) or machine learning algorithms are used to inform or set prices
  
  
• Customer disclosure and opt-out rights related to data collection
  
  
• Loyalty program data practices and their role in pricing
  
  
• Development of customer segments based on income, race, age, or behavioral criteria
  
  
• Data storage, security, and privacy protections
  
  
• The impact of tariffs on pricing decisions, including whether companies plan to alter prices following the Supreme Court’s February 2026 decision in Learning Resources, Inc. v. Trump

An evolving regulatory landscape

Ranking Member Pallone’s expansion of the surveillance pricing inquiry to the airline industry reflects increasing bipartisan and multi-branch attention to companies’ use of personal data and AI to individualize prices. In January 2025, the FTC released findings from its surveillance pricing study, drawing on information obtained from eight intermediary firms that market AI-enabled and data-driven pricing tools to businesses. The FTC concluded that consumers’ characteristics and behaviors, including location, browser history, demographics, and shopping history, could be tracked and used to tailor pricing. Meanwhile, several states, including New Jersey and New York, have enacted new laws addressing surveillance pricing. 

With states actively legislating and Congress seeking additional information, the regulatory environment for data-driven pricing continues to evolve. Companies are encouraged to proactively assess their data collection, pricing, disclosure, and compliance practices in light of these developments.

For more information, please contact the authors.