FTC Investigation Targets Instacart Over AI Pricing Tool That Charged Shoppers Up to 23% More

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The Federal Trade Commission has launched a probe into Instacart's AI-powered pricing tool after a Consumer Reports study revealed the grocery delivery app charged different customers vastly different prices for identical items. Some shoppers paid up to 23 percent more, with average price variations of 7 percent potentially costing families over $1,000 annually. The investigation centers on Instacart's Eversight tool and raises broader questions about algorithmic pricing transparency.

FTC Investigation Targets Instacart Over Pricing Practices

The Federal Trade Commission has sent Instacart a civil investigative demand seeking detailed information about its AI pricing tool, according to Reuters

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. The FTC investigation follows a Consumer Reports study published in collaboration with Groundwork Collaborative and More Perfect Union that exposed significant price variations on the grocery delivery app

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. While the Federal Trade Commission maintains its longstanding policy of not commenting on potential or ongoing investigations, the agency told Reuters it was "disturbed by what we have read in the press about Instacart's alleged pricing practices"

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Source: Market Screener

Source: Market Screener

AI-Powered Pricing Tool Creates Massive Price Variations

The Consumer Reports study tracked over 400 Instacart users across four major U.S. cities and uncovered troubling patterns in how the AI-powered pricing tool operated

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. Researchers found that different users received different prices for the same items from the same store location at the exact same time. In the most extreme cases, some testers saw prices up to 23 percent higher than what other testers saw for identical products

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. The average difference for the same list of items was around 7 percent, and roughly 74 percent of the items reviewed displayed multiple price points simultaneously

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. These higher prices could cost customers over $1,000 more in expenses for the year, with some families potentially paying an extra $1,200 annually

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Source: TechSpot

Source: TechSpot

Eversight and the Business of Pricing Experiments

At the center of the probe is Eversight, an AI company that Instacart acquired in 2022 for $59 million

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. Instacart sought to "create compelling savings opportunities for customers in real-time" with Eversight, according to a regulatory filing

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. The tool was marketed to retail partners as a way to "optimize your pricing with AI" and "continuously drive growth with dynamic pricing through experimentation"

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. Instacart promoted the AI pricing tool as capable of increasing grocery store sales by 1 percent to 3 percent and a retailer's margins by 2 percent to 5 percent

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. This language remained on the company's website until at least October, though it has since been modified in response to scrutiny

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Source: New York Post

Source: New York Post

Instacart's Defense Against Price Manipulation Allegations

When the study came out, Instacart told Engadget that the pricing variances were caused by some of its retail partners doing "limited, short-term and randomized tests" to better understand consumers

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. The company acknowledged running AI-assisted pricing experiments with about ten retail partners and stressed that these tests are essentially digital A/B testing similar to how physical stores might test pricing practices

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. An Instacart spokesperson told CNBC that "much of what's been reported has mischaracterized how pricing works" on its platform

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. The company maintains that "prices on Instacart do not change in real time," aren't based on supply or demand, and that it never uses "personal, demographic, or user-level behavioral data to set item prices"

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Market Impact and Regulatory Response

Shares of Instacart dropped as much as 11 percent in extended trading following the Reuters report about the FTC investigation

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. The shares plunge reflects investor concerns about potential regulatory action and reputational damage. New York Senator Chuck Schumer sent a handwritten letter to the FTC stating that "consumers deserve to know when they are being placed into pricing tests" and urged the agency to require websites to display a "prominent on-screen label" every time a user is roped into an A/B test

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. The FTC also ordered Instacart to pay $60 million to customers to settle separate allegations of deceptive business practices, including falsely advertising "free delivery" despite charging service fees and auto-enrolling users into paid subscriptions without explicit consent

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Surveillance Pricing and the Future of Transparency

Consumer advocates have labeled these pricing practices as "surveillance pricing," where algorithms quietly shift costs behind the scenes and undermine trust

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. When the price of essential food items fluctuates without transparency, it becomes nearly impossible for families to budget effectively, especially with grocery inflation already high

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. The FTC is reportedly looking closely at AI pricing tools across the retail sector, and several states are considering laws that would force companies to disclose when a price is set by an automated system

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. Since the investigation went public, Instacart stated they have paused these pricing experiments at certain retailers, including Target and Costco

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. Consumer Reports suggests shoppers cross-check prices across different platforms or compare them to in-store tags when possible, as the pressure mounts on lawmakers to ensure that dynamic pricing doesn't simply mean unfair pricing driven by opaque algorithms and user data exploitation

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