Why States Are Starting to Push Back
Currently, California, Hawaii, Massachusetts, and Michigan prohibit or significantly restrict the use of CBIS information when pricing auto insurance. Maryland, Utah, and Oregon have certain limitations or restrictions on how credit can be used. Legislation has been introduced recently in other states that either ban or limit the use of non-driving factors to calculate insurance rates, like credit score. For example, West Virginia recently introduced a bill to ban credit scores across all personal lines of insurance, while Rhode Island introduced a bill to prohibit considering credit history in auto insurance rates before holding the bill for further study.[5],[6]
“Iowa had a bill introduced in early 2026, but it died in committee in May. New York, Oklahoma, and Pennsylvania all have active bills right now,” Swanson adds.[7] “This demonstrates that, as affordability continues to be a concern for people, states are showing more interest in limiting some of those non-driving factors that have traditionally been part of underwriting.”
CBIS supporters argue that these insurance scores have a statistical relationship with claim frequency and allow insurers to price risk more accurately.
“They also believe that removing this factor could increase premiums for policyholders whose credit currently qualifies them for lower rates,” says Dennis Shirshikov, a professor of finance and economics at City University of New York/Queens College. “But critics argue that credit has nothing to do with driving ability, can penalize people following a medical emergency or job loss, and can disproportionately affect lower-income communities.”[8]