If another person gets a different price, discount, product, or term from an AI-enabled seller, save both offers and compare them before drawing conclusions. Differences can reflect location, timing, inventory, delivery costs, or promotion eligibility—not necessarily personal profiling or unlawful discrimination. Ask the seller what explains the difference; if it says personal data or automated profiling shaped your offer, disclosure and other legal rules may apply depending on where you and the seller are located.
Why might two users see different offers?
A different offer is a reason to investigate, not proof that an AI agent caused it. Sellers may use ordinary pricing systems, promotions, or account rules alongside AI tools, and the two offers may not actually have the same terms.
- Timing, demand, or inventory: A price may change as supply, demand, or competitors’ prices change. This is dynamic pricing, and it does not by itself show that the seller used information about an individual customer.
- Location and fulfillment: Taxes, delivery charges, postage, and fulfillment costs can differ by location or delivery method.
- Promotion or account eligibility: A coupon, membership, account status, or qualification requirement may make a discount available to one user but not another.
- Personalized pricing: A seller may use automated profiling of a person’s behavior or personal data to tailor an offer. That is different from a general price change based on non-customer factors. The European Commission says personalized pricing is not inherently illegal under EU rules, but traders must inform consumers when they use it. European Commission guidance on unfair pricing.
The European Commission’s 2021 guidance distinguishes non-personalized dynamic pricing from pricing based on automated profiling. It says that when a price change is not personalized, people shopping for the same product at the same time should see the same price regardless of profile or personal features; taxes, applicable charges, and general reductions are separate considerations. 2021 European Commission guidance.
In the United States, the FTC says businesses may use dynamic pricing based on factors such as demand or inventory if pricing information is not misleading. A conditional discount should not be included in the total price offered to everyone before a buyer meets the promotion’s requirements. That guidance is part of the FTC’s Rule on Unfair or Deceptive Fees FAQ; it is not a complete federal law governing all price differences. FTC fee-rule FAQ.
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How to compare the offers fairly
Compare the complete transaction, not just a headline price. If the details differ, you may be looking at different offers rather than unequal treatment of equivalent customers.
- Use the same seller and exact product or service, including model, quantity, and service level.
- Compare the same time and the same total price, including mandatory fees, taxes, delivery, and other required charges.
- Match location, delivery method, and fulfillment conditions.
- Check whether both users have the same account status, membership, coupon, and promotion eligibility.
- Look for a statement that personalization, automated profiling, or personal data influenced the price or terms.
Preserve the context for both offers: seller, item, date and time, currency, location, checkout charges, account status, promotion conditions, and any personalization disclosure. A screenshot or saved page can help show whether the comparison was genuinely like for like.
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What to do if your offer still looks unfair
- Save the evidence. Keep screenshots or copies of the offers and the checkout details so the seller can identify the difference.
- Ask the seller in writing. For example: “Why did these users receive different offers? Was the difference based on a general promotion, location, inventory or demand, account eligibility, or personal data or profiling? What data and rules determined my offer?” Keep the response with your records. What information a seller must provide can depend on local law; this question is a practical way to seek an explanation, not a guarantee of a particular response.
- Escalate if the answer does not resolve a concerning difference. In the EU, consumers can seek advice from national consumer associations or the European Consumer Centres network, listed on Your Europe’s consumer-centre page. In the US, check the relevant federal or state authority and applicable state law.
- Avoid treating one comparison as proof. A difference alone does not establish profiling, discrimination, or a legal violation.
What the rules say—and what they do not
European Union
The European Commission says traders cannot charge a person more just because of nationality or country of residence, while recognizing objective differences such as postage costs and setting out rules for access to offers across EU countries. That is a distinct question from whether a price was personalized: personalization may be allowed with disclosure, but a nationality-based difference is not automatically justified by calling it personalization. Consult the Commission’s unfair-pricing guidance for the applicable conditions.
United States
On August 19, 2026, the FTC announced a proposed enforcement policy statement on personalized pricing and invited public comment; the agency updated the announcement on August 31, 2026. The stated comment deadline, September 18, 2026, has passed. The announcement described a draft policy, not a blanket statutory ban or a final court ruling. It said undisclosed collection or use of personal data to set individualized prices could violate existing prohibitions on unfair or deceptive practices. The FTC said it lacks authority to ban personalized pricing in all circumstances. Because this was a proposed policy action, check the FTC announcement for any later action before relying on its status.
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The FTC’s January 2025 update on its surveillance-pricing study said intermediaries it examined worked with at least 250 clients selling goods or services, from groceries to apparel. That is a client count described by the FTC, not a count of consumers affected or an estimate of how common unequal offers are. The study update described potential inputs such as location, demographics, browsing and shopping history, mouse movement, and items left in online carts. Its example of a new parent being shown higher-priced baby thermometers was hypothetical, not a reported consumer case. FTC study update.
No named, population-level statistic establishes how many consumers receive unequal AI-agent offers. Also, “price discrimination” in everyday speech should not be confused with a specific statutory or antitrust test: for example, the FTC’s Robinson-Patman guidance concerns defined sales of commodities to competing buyers, not every consumer-facing service or personalized offer. Rules can vary by jurisdiction and transaction type.
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What businesses should do when AI agents make offers
UK Competition and Markets Authority guidance says consumer-law duties apply whether a customer deals with a person or an AI agent, and the business remains responsible for the agent’s conduct even when a third party supplies the technology. Its recommendations include assessing customer impact, limiting data to what the task needs, training agents to respect legal and contractual rights and avoid misleading customers, testing before deployment, monitoring performance, maintaining meaningful human oversight, and correcting problems promptly. CMA guidance on AI agents and consumer law.
The CMA also identifies risks from opaque or biased outcomes, reduced ability for consumers to understand or challenge decisions, and autonomous pricing systems reacting to one another. It recommends that businesses understand, test, govern, and monitor systems for errors, bias, complaints, and unintended results. This is UK policy guidance and risk analysis, not a finding that every AI pricing interaction is unlawful. CMA discussion of agentic AI and consumers.
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