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surveillance pricing
Dems Demand Probe of Companies Using Trump Tariffs as 'Excuse to Price Gouge'
"The new tariffs have created a cloud of uncertainty that gives companies cover to raise prices on all goods," the lawmakers wrote.
May 20, 2025
Dozens of congressional Democrats are urging the country's top antitrust enforcer to probe the extent to which big companies are taking advantage of Trump administration tariffs, or confusion around the tariffs, to boost prices, and to take action against any that are inappropriately raising prices in excess of cost increases, also known as price gouging.
In a letter sent last week, 36 Democrats asked Republican Federal Trade Commission (FTC) Chair Andrew Ferguson to answer questions about his decision to effectively shut down an inquiry into so-called "surveillance pricing" practices—a move that, according to the outlet The Lever, has emboldened consultants who peddle surveillance pricing tools to advise companies on how to hike prices in response to tariffs, or even just the threat of tariffs.
Surveillance pricing refers to a practice when companies collect personal information like location or browsing history to set different prices for specific consumers for the same goods with the aim of generating more profit.
In January, the FTC released the initial findings of a surveillance pricing market study, and then opened up a public comment period for consumers and businesses around surveillance pricing. But the FTC under Ferguson, who replaced former Chair Lina Khan in January, shut down the comment period, which was supposed to run through mid-April.
"The message that is coming out of this administration… is that the watchdog is gone and companies feel emboldened to rip people off," a former FTC official told The Lever.
"President [Donald] Trump's on-again, off-again tariffs build an especially fertile environment for price gouging," the letter states. "The new tariffs have created a cloud of uncertainty that gives companies cover to raise prices on all goods, regardless of whether they are subject to new tariffs or whether their costs have meaningfully increased, above and beyond what is necessary to cover any cost increases."
Sens. Ruben Gallego (D-Ariz.), Sheldon Whitehouse (D-R.I.), Elizabeth Warren (D-Mass.), Cory Booker (D-N.J.), and Rep. Rosa DeLauro (D-Conn.) led their colleagues on the letter. A statement from Gallego's office last week framed the letter as a demand to "prevent corporations from using Trump's reckless tariffs as an excuse to price gouge hardworking Americans."
The Trump administration has imposed 10% baseline tariffs and imposed higher duties on goods coming from China. Last week, the Trump administration and China agreed to lower the tariffs they had imposed on one another. China will now be subject to a 30% tariff, whereas before many goods coming to the U.S. from China previously had at least a 145% tariff. Negotiations with other countries are ongoing.
Citing The Lever's reporting, the Democratic lawmakers are urging Ferguson to use his authority under Section 6(b) of the Federal Trade Commission Act to compel big companies to report their costs and retail and wholesale prices dating back to the day after Trump was elected in November, and also to report how much tariffs have increased their costs. The group is urging the FTC to use its power to investigate and prosecute companies who are engaging in "unfair or deceptive acts" regarding commerce.
The Democrats are also demanding answers, by May 30, to a number of questions around the end of the inquiry into surveillance pricing practices, such as why Ferguson chose to close the forum for public comments early, and whether he met with any of the businesses subject to the inquiry in advance of the termination of the public comment.
The Lever reported that some large companies who were subject to the inquiry gave money to Trump's inauguration fund.
Common Dreams as reached out to the FTC and Gallego's office for comment.
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'Unthinkable': Trump FTC Chair Shuts Down Public Comments on Corporate Pricing Tactics
"Chairman Ferguson could have done any number of things to actually lower the cost of living and create opportunities for American businesses and workers," said one Democratic FTC commissioner. "He did none of them."
Jan 24, 2025
U.S. President Donald Trump's Federal Trade Commission chair began his stint at the helm of the key agency this week by shutting down requests for public comment on corporate surveillance pricing and other exploitative tactics that were a focus of the FTC under the leadership of Lina Khan.
Shortly after taking over as FTC chair earlier this week, Andrew Ferguson declared that "DEI is over" at the agency and demanded a swift vote on a motion giving him sweeping authority to "comply with President Trump's orders ending DEI across the federal government."
Meanwhile, with no such fanfare, Ferguson shuttered FTC requests for information and public comments on
corporate mergers and acquisitions, "protecting workers from illegal business practices," "predatory pricing," and "surveillance pricing practices," which refer to companies' use of personal data to set individualized prices.
Democratic FTC commissioners expressed alarm over Ferguson's early actions and said they're a telling indication of his priorities.
"Andrew Ferguson could have made his first public act as chairman a motion to study the rising cost of groceries," Commissioner Alvaro Bedoya said in a statement Thursday. "He could have acted on a pending public petition from a group of wall and ceiling contractors to investigate how lawbreaking contractors can effectively rig contract competitions in the commercial construction industry."
"Chairman Ferguson could have done any number of things to actually lower the cost of living and create opportunities for American businesses and workers. He did none of them," Bedoya continued. "Instead, he canceled 'DEI.'"
Douglas Farrar, former director of the FTC's public affairs office, said it is "unthinkable that the new chair of the FTC starts his tenure by censoring small businesses facing down monopolies, and American consumers already struggling with high prices."
"The American people deserve to have a voice in government," Farrar added, "not just be dictated to by oligarchs."
Ferguson defended his focus on DEI on the grounds that Trump "campaigned openly" on ending diversity, equity, and inclusion initiatives across the federal government.
But Bedoya noted that Trump, on the day of his inauguration, also ordered "the heads of all executive departments and agencies to deliver emergency price relief, consistent with applicable law, to the American people and increase the prosperity of the American worker."
"Chairman Ferguson seems uninterested in the challenges that regular human beings face," Bedoya said Thursday. "One of his first actions as Chairman was to quietly remove the opportunity for the public to comment on five different requests for information."
"Rather than let the American people speak to him," Bedoya added, "Chairman Ferguson shut them out."
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