COMMERCE COMMITTEE ISSUES LETTER TO MAJOR U.S. AIRLINES OVER AI TICKET PRICING

September 16, 2026

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On August 11, 2026, United States House Representative Frank Pallone Jr. (D-N.J.), the ranking member of the House Energy and Commerce Committee, issued eight (8) letters to major U.S. air carriers requesting details on how they collect and use customer data. Representative Pallone wrote, “I am very concerned about companies potentially using Americans’ personal data to determine what prices they see and pay, and I am continuing an inquiry into just how widespread this practice is.” American, Delta, United, Alaska, JetBlue, Southwest, Frontier, and Hawaiian all received Pallone’s letter.

The Federal Trade Commission (FTC) defines surveillance pricing broadly; however, it includes factors such as location, shopping habits, browsing history, demographics, and device type. Pallone’s letter poses 19 questions to the targeted airlines, asking how they collect customer data and how they use it to set prices. The letter specifically asked about AI algorithms, customer opt-out rights, loyalty program databases, and data security.

This Aviation Regulatory Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions or require additional information, please contact Evelyn D. Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew M. Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler R. Myers at 202.659.6642 or trmyers@eckertseamans.com; Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Tyler R. Myers Photo Washington, D.C.

Tyler R. Myers

Associate - Washington, D.C.

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Xander B. Silva Photo Pittsburgh

Xander B. Silva

Associate - Pittsburgh

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