SF4289

Arbitration agreements to be made after a consumer transaction requirement
Legislative Session 94 (2025-2026)

Related bill: HF4219

AI Generated Summary

Purpose

  • This bill adds new rules about when arbitration agreements can be offered to consumers. It requires arbitration agreements to be clear, conspicuous, and presented after a consumer buys or leases a good or service. It also forbids requiring a consumer to agree to arbitration before or during the sale, and it aims to protect consumers from being forced into arbitration at the point of sale.

Definitions

  • Arbitration agreement or agreement to arbitrate: a clause or contract that limits a party’s ability to resolve disputes through a court, jury trial, or class action.
  • Clear and conspicuous: the standard used is the one described in section 325G.56 subdivision 3.
  • Consumer: an individual who seeks or acquires a good or service by purchase or lease.

Timing of offer and separate agreement

  • A person cannot require a consumer to enter into an arbitration agreement before or during the sale of a good or service.
  • An arbitration agreement may be made after the sale if:
    • the agreement to arbitrate is clear and conspicuous, and
    • the agreement is separate from other general terms related to the sale of the good or service.

Void provisions and public policy

  • Provisions that violate the timing rule (entering into arbitration before or during sale) are void and unenforceable.
  • Any such provision that attempts to waive or ignore these requirements is also void and unenforceable because it goes against public policy.

Severability

  • If any provision of an agreement violates these rules, that provision can be severed from the rest of the agreement.
  • Severing the void provision does not affect the validity or enforceability of the remaining provisions.

Notable changes to existing law

  • Creates a new provision in Minnesota Statutes, codifying that arbitration agreements must be entered after sale, be clear and conspicuous, and be separate from other sale terms.
  • Establishes enforceability standards and severability rules to ensure that only compliant parts of an agreement remain in force.

Relevant terms - arbitration agreement - agreement to arbitrate - clear and conspicuous - consumer - sale - after the sale - before the sale - separate from other terms - void and unenforceable - public policy - severability - Minnesota Statutes chapter 325D - court - jury trial - class action - waiver of rights - general terms related to sale

Bill text versions

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Past committee meetings

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Actions

DateChamberWhereTypeNameCommittee Name
March 09, 2026SenateActionIntroduction and first reading
March 09, 2026SenateActionReferred toJudiciary and Public Safety
April 07, 2026SenateActionComm report: To pass and re-referred toCommerce and Consumer Protection

Bill information comes from public records published by the Office of the Revisor of Statutes, the Minnesota House and the Minnesota Senate. AI summaries are written by MinneSlate and are not official. MinneSlate is independent and is not affiliated with the State of Minnesota or the Minnesota Legislature.

Progress through the legislative process

17%
In Committee
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