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To check whether a restaurant may be tailoring prices to you, compare the same item under the same conditions: location, size and options, ordering channel, time, fees, taxes, and promotion eligibility. A price difference is a clue—not proof of personalization. First rule out ordinary menu, channel, and checkout differences, then ask the restaurant or platform what determines the price.
What dynamic pricing and personalized pricing mean
Dynamic pricing changes with market conditions
Dynamic pricing means a price can change over time or with factors such as demand or inventory. It can go up or down. Surge pricing is narrower: it refers to raising prices in response to demand. The FTC says demand- or inventory-based dynamic pricing is allowed under its Unfair or Deceptive Fees Rule when pricing information is not misleading; its staff FAQ is guidance, not binding on the Commission. FTC staff FAQ
Personalized pricing is tied to an individual
Personalized pricing uses information about a particular person to set or tailor that person’s price—for example, based on what a company believes that individual is willing to pay. That differs from a price change shared by customers facing the same market conditions. The FTC described this distinction in its August 2026 proposed policy statement.
Why restaurant prices can differ without profiling you
- Ordering channel: A restaurant’s in-person menu, its own ordering site, and a delivery app may show different menu prices or promotions.
- Time and demand: A price may change at busy and quiet times without being specific to one customer.
- Location: Branch, delivery destination, and local conditions can affect what offer is displayed.
- Offer details: Different sizes, substitutions, combos, or add-ons mean you may not be comparing the same item.
- Checkout charges: Taxes, delivery and service charges, optional add-ons, and discounts can change the final total without changing the menu price.
FTC staff says a promotion that is not available to everyone should not be reflected in a universal total price before a customer meets its conditions. Compare the item’s listed price separately from the checkout total and its fees. FTC staff FAQ
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How to compare prices fairly
- Choose one exact item. Record the dish, size, substitutions, extras, and restaurant branch. Do not compare a delivery combo with a differently configured in-store item.
- Compare channels separately. Check the restaurant’s menu or board, its own ordering channel, and any third-party delivery listing. Note whether a difference is in the menu price or appears only after fees and taxes.
- Repeat at different times. Save dated screenshots or receipts. A repeatable change over time on the same channel may be consistent with dynamic pricing, but it does not establish why the price changed.
- If appropriate, compare equivalent accounts. Keep the location, item, time, channel, promotion eligibility, and other account conditions the same. A difference that remains is a reason to ask questions, not proof that personal data set the price.
- Ask directly. Keep copies of the comparable offers and response. You can ask: “Does the price for this item change based on time, demand, ordering channel, or a customer’s personal data? What explains the difference between these two prices?”
What the available evidence does—and does not—show
FTC surveillance-pricing findings are not a restaurant count
The FTC’s January 2025 preliminary staff analysis described possible pricing inputs such as consumer behavior and preferences, location, time, and purchase channel. It said the intermediaries it examined worked with at least 250 clients selling goods and services ranging from groceries to apparel. That figure does not mean 250 restaurants use personalized pricing, and it does not establish that any particular restaurant does. The FTC described the study as ongoing and its public examples as hypothetical. FTC preliminary study release
A reported restaurant example was channel- and time-linked
In February 2024, the Associated Press reported that experts considered restaurant dynamic pricing uncommon at the time, while some restaurants were charging different amounts on third-party delivery apps. Rachel’s Kitchen founder and CEO Debbie Roxarzade described Sauce Pricing adjusting delivery-app prices using algorithms and in-person traffic: a sandwich listed at $12 on the regular menu was $12.60 for a delivery customer at peak hours and $11.05 during a slower period. Roxarzade said the chain’s physical locations did not use the method. This historical example illustrates time- and channel-linked prices, not personal-data-based pricing or current industry prevalence. Associated Press report
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What the FTC policy context means for U.S. customers
The FTC’s August 2026 personalized-pricing statement was proposed, not a final rule or a blanket ban. It says the Commission cannot prohibit personalized pricing in every circumstance, while warning that undisclosed collection or use of personal data to set individualized prices may violate the FTC Act or other laws it enforces. The proposal’s comment deadline was September 18, 2026; its later status is not established here, so consult the FTC announcement for updates. This is U.S. policy context, not jurisdiction-specific legal advice.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Why private browsing or a VPN is not a reliable test
The FTC proposal mentions private browsing or a VPN as possible steps a consumer might take to avoid higher personalized prices. But changing browser or network settings cannot reliably establish whether a restaurant uses personal data, identify the inputs behind a price, or prove that a price difference resulted from personalization. Comparing controlled offers and asking the business is more informative. FTC proposed statement
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