The key, as both Truffle and Richard both pointed out, is that the provided information should be unsolicited. Most application forms have a disclosure that the marital status is FOR SECURED CREDIT ONLY or something like that, meaning that you are not requesting it for unsecured loans. If that disclosure isn't there - or if it is obvious that your lender completed the application (such as by phone) - then you would have a problem because you would be requesting it. Otherwise, the best practice (as mentioned) is to document the file in some way to explain that the information was unsolicited and provided by the applicant.
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Adam Witmer, CRCM
All statements are my opinion, not those of my employer, and should not be taken as legal advice.
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