Some Americans worry that the Federal Trade Commission's rush to limit personalized pricing in the name of consumer protection could end up killing discounts they depend on or, counterintuitively, raising prices.

The FTC has no power to ban personalized pricing, in which a business uses a customer’s personal data to determine the highest price that person might be willing to pay for a product or service. But the agency believes it could set limits on the practice, including potential penalties for businesses that fail to disclose when customers may be paying more because data suggests they won't balk at the price.

In a request for public comment on a proposed policy statement, the FTC acknowledged that personalized pricing is common in some industries. But FTC Chair Andrew Ferguson said new industries are increasingly tracking customers to set individualized prices, blindsiding consumers who expect a listed price in markets like retail “to be the same price that everyone else sees,” Ferguson said.

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The Trump administration is trying to stop New York from enforcing its gambling laws against Kalshi, and yesterday said it ordered the prediction market to continue operating in the state.

The Commodity Futures Trading Commission (CFTC) announced that it exercised its emergency authority in response to a "market emergency." The CFTC said it acted "to ensure market stability" and "ordered the exchange to continue to operate in accordance with the Commodity Exchange Act’s Core Principles." The Trump administration took the action after a request from Kalshi.

The market emergency alleged by the CFTC is that New York Attorney General Letitia James sued Kalshi on July 31. James' lawsuit seeks a court order to permanently enjoin Kalshi "from operating an unlawful gambling business" in the state. The lawsuit also demands that Kalshi "make full restitution to customers who have engaged in betting" and pay financial penalties.

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