In an amicus brief filed with the Court of Appeal for California's First Appellate District, the Consumer Federation of America urged the Court to prohibit insurance companies' use of marital status in auto insurance pricing and underwriting, since it results in unfair penalties for certain drivers.

Auto insurance companies currently charge single, divorced, and widowed drivers higher premiums for insurance coverage, and the California Department of Insurance is refusing to ban this practice. In April 2025, CFA conducted tests of five large auto insurers to determine if pricing differed among drivers with different marital statuses, even when all other characteristics – including driving history – were held constant. Our analysis found that four out of five insurers impose a surcharge for being unmarried.

Moreover, insurers' use of this factor results in unfair discrimination against certain classes of consumers, including a disparate impact on Black and Latino consumers.