The Startup Solution — The Pricing and Exam Readiness Issue
October 28, 2026
From Bo Howell
Two regulators published two documents this fall, and both reward the founder who prepares before anyone sends a letter. On August 19, 2026, the FTC proposed an Enforcement Policy Statement Regarding Personalized Pricing and opened a 30-day public comment period. On October 1, 2026, the SEC's Division of Examinations published its new Exam Handbook. Neither document is a final rule that binds your startup today. The FTC voted 2-0 and the docket is FTC-2026-1057, while the SEC handbook walks registrants from risk assessment through the disposition letter. Both tell you how a regulator will read your product, and if you build with AI, your pricing logic and your supervision records become the evidence. This is the work of the lawyer as AI supervisor: Access, then Workflow, then Governance. Start with the inventory, because you cannot defend what you have not mapped.
FROM THE BLOG
PRICING ENFORCEMENT
FTC Personalized Pricing Statement Puts Your Pricing Model on Notice
The FTC voted 2-0 to propose a Section 5 enforcement policy on personalized pricing, and any product that sets an individual consumer's price from personal data is now in the frame.
2-0
Commission vote
30-day
Public comment period
FTC-2026-1057
Docket number
Proposed
Not in force
Key takeaways
- Inventory pricing logic. Find every personal-data price input.
- Test your defense. Decide whether Section 5 permits each practice.
- Document the decision. Record who approved each pricing input.
Why it matters
“A proposed statement is not law today, but it tells you exactly which pricing practice you will be asked to defend.”
FROM THE BLOG
EXAM READINESS
The SEC Exam Handbook Starts Before the Request Letter
The SEC's new handbook maps every exam stage from risk assessment to the disposition letter, so your preparation window opens well before any document request.
2026-99
SEC press release
Oct. 1
Handbook published
End-to-end
Exam stages covered
Key takeaways
- Read the handbook. Map each stage, risk assessment to disposition.
- Assign an owner. One named person runs exam readiness.
- Build records now. Keep AI supervision logs examiner-ready.
Why it matters
“The document request letter is not where your exam begins. By then, the record you needed to build is the record you have.”
COMPLIANCE CORNER
OPEN DOCKETS
Two federal signals to track this quarter
Neither document is a binding rule on your startup today, but both set the terms of your next conversation with a regulator.
Litigation watch
- FTC docket FTC-2026-1057: proposed personalized pricing enforcement policy statement, approved 2-0, with a 30-day public comment period that opened August 19, 2026.
- SEC Press Release 2026-99: the Exam Handbook replaces and expands the Division of Examinations' previous examination brochure.
- Section 5 enforcement: watch whether any final FTC statement keeps the proposed framing on personalized pricing.
- Internal watch item: every AI-driven feature that uses personal data to set an individual consumer's price.
YOUR MOVE
FOUNDER MOVES
Three moves before a regulator calls
Access, workflow, governance: set up each one before you are asked to prove it.
Fintech Founders / Startups
- Inventory every feature that uses personal data to set an individual consumer's price, and decide whether you can defend it under Section 5.
- Check the status of docket FTC-2026-1057 and decide whether your firm files a comment or tracks the final statement.
- Assign a lawyer or compliance lead to supervise AI pricing decisions with written approvals and change logs.
Fintech Founders / Startups
- If your startup is or serves an SEC registrant, read the SEC Exam Handbook and run a mock walk-through from risk assessment to disposition letter.
- Preserve approval logs, model change histories, and policy versions where you can produce them quickly.
- Brief your leadership team on both documents before your next product release.