Delta has a long-term strategy to boost its profitability by moving away from set fares and toward individualized pricing using AI. The pilot program, which uses AI for 3% of fares, has so far been “amazingly favorable,” the airline said. Privacy advocates fear this will lead to price-gouging, with one consumer advocate comparing the tactic to “hacking our brains.”
There has never been a law that someone selling something must offer the same price to everyone. Outside of some government regulation, like banning discrimination based on a few specific protected groups under the 1964 Civil Rights Act, government-set energy prices on state-granted monopoly electrical grids, annual rent increase percentage caps, etc. merchants have always been free to set any price on any product or to any customer.