On August 19, 2026 the U.S. Federal Trade Commission proposed an enforcement policy statement on personalized pricing. It is a proposal, not a new rule, and law-firm summaries do not say it names influencer promo codes. Still, if your creator codes give different discounts based on shopper data, review how you disclose that and keep your records tidy.
What did the FTC propose?
According to law-firm summaries, the FTC proposed an enforcement policy statement describing how it views the use of consumer data to set individualized prices, discounts, coupons or other incentives. It would explain the agency's enforcement posture under Section 5 of the FTC Act rather than create a new prohibition. Summaries also say adequate disclosure should go beyond a general hint that an offer is individualized, for example by saying that the price is personalized and on what basis. The status can change, so check the FTC site for the current version.
Does it cover creator promo codes?
That is not settled. The law-firm summaries we read describe coupons and discounts in general and do not mention creator codes. A few trade blogs tie the two together, but we could not verify that reading in the policy text. A fixed, public code that gives every follower the same discount does not obviously involve personalized pricing. Codes whose value changes by shopper data or segment are the case to examine with your counsel.
What should brands check now?
- List every creator code and note whether the discount is the same for everyone or varies by shopper, segment or data you hold.
- For codes that vary, record what data drives the difference and where the shopper is told. Ask counsel what wording is adequate.
- Keep creator briefs consistent with that wording so creators do not describe a code as the same for everyone when it is not. See our tracking setup guide.
- Judge codes by sales, not by discount size alone. Hyperstar attributes real sales to each piece of creator content.
Sources: Skadden · Crowell (based on search-result excerpts; we did not review the full statement). This is general information, not legal advice.
