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DoJ “FOIA Post” Demonstrates Continued Policy To Disclose Unit Pricing

Client Alert | less than 1 min read | 10.10.05

On September 8, 2005, the Department of Justice issued a “FOIA Post” memorandum (http://www.usdoj.gov/oip/foiapost/2005foiapost17.htm) reflecting on last year's decision by the D.C. Circuit in McDonnell Douglas Corp. v. U.S. Dep't of the Air Force, 375 F.3d 1182, in which the court rejected DOJ's efforts to have the contractor's unit prices released. The “FOIA Post” discusses various ways that agencies can distinguish that decision in favor of disclosure of unit-price information and advises agencies to look to Fourth and Ninth Circuit decisions which supported the disclosure of unit prices.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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