Senator Elizabeth Warren (D-Mass.) warned on Thursday that large companies could leverage personal data, including browsing history, to determine pricing for individual consumers. She described the practice, known as surveillance pricing, as "really creepy" and asserted that Donald Trump had shut down the investigation into what she termed a scam.

The Federal Trade Commission (FTC) reported in January 2025 that initial findings indicated consumer information, such as precise location, browser history, and shopping behavior, could be used to target individuals with different prices for identical products. The agency's work on this issue began under former Chair Lina Khan. However, after Donald Trump took office, FTC Chair Andrew Ferguson withdrew the agency's request for public comments on the matter in January 2025, according to Politico.

Congressional Inquiry Into Airlines

The issue is drawing fresh scrutiny from Congress, specifically regarding the aviation sector. Earlier this week, Representative Frank Pallone Jr. (D-N.J.) sent letters to eight major US carriers seeking information on how they collect and use customer data amid concerns over surveillance pricing.

The inquiry targets American Airlines Group Inc. (NASDAQ: AAL), Delta Air Lines Inc. (NYSE: DAL), United Airlines Holdings Inc. (NASDAQ: UAL), Alaska Air Group Inc. (NYSE: ALK), JetBlue Airways Corp. (NASDAQ: JBLU), Southwest Airlines Co (NYSE: LUV), and Frontier Group Holdings, Inc. (NASDAQ: ULCC).

Pallone is seeking clarification on whether airlines consider factors such as income, spending history, location, and browsing activity when setting fares. He also requested data on how frequently AI changes prices, which consumer data points carry the most weight in pricing algorithms, and whether humans review algorithm-generated fares.

This specific inquiry follows a broader investigation launched by Pallone in May into surveillance pricing across 25 companies.

What the Numbers Show

The regulatory landscape for surveillance pricing has shifted significantly within a short timeframe. The FTC initiated public comment requests under Chair Lina Khan, but Chair Andrew Ferguson withdrew these requests in January 2025 following the change in administration. This procedural halt coincides with increased legislative pressure, evidenced by Pallone's expansion of his inquiry from a general review of 25 companies in May to a targeted examination of eight major airlines earlier this week. The divergence between executive branch withdrawal and legislative escalation suggests that while federal regulatory enforcement may have paused, congressional oversight is intensifying on the use of personal data in pricing algorithms.