Requires arbitration agreements for certain disputes to be in a separate agreement

2026 Regular Session Introduced by Eric Woods

HB 2829 would require a separate written agreement signed by both parties to arbitrate MMPA claims, limiting arbitration to mutual consent.

Referred: Emerging Issues(H)

#civilprocedure #consumerprotection #courts #merchandisingpractices

Purpose and intent

HB 2829 would amend Missouri law to change the admissibility of arbitration for claims arising under the Missouri Merchandising Practices Act (MMPA), codified in Sections 407.010 to 407.315.

The bill's central aim is to restrict arbitration by requiring that arbitration for these claims can occur only if both parties voluntarily agree to arbitration in a separate written agreement.

Key provisions

New section added: 407.028.

Language: No claim brought under Sections 407.010 to 407.315 (MMPA) shall be subject to arbitration unless both parties agree to arbitration in a separate written agreement.

The requirement emphasizes a distinct, separate written agreement to arbitrate, separate from any other contract or terms.

Who/what is affected

Affects plaintiffs and defendants involved in MMPA (Merchandising Practices Act) claims in Missouri.

Businesses and consumers engaged in disputes that fall under the MMPA, and any entities involved in dispute resolution clauses with arbitration provisions, would be impacted by the requirement for a separate written arbitration agreement.

Practitioners and tribunals handling MMPA disputes would need to ensure arbitration clauses meet the separate-written-agreement requirement to be enforceable for these claims.

Procedural and timeline aspects

Referral history: Referred to Emerging Issues (H) on May 15, 2026.

Floor actions: Introduced and read first time on January 7, 2026; read second time on January 8, 2026.

Sponsor: Representative Woods (Co-sponsor: Eric Woods).

The bill follows a pattern similar to HB 983 (2025), indicating an ongoing legislative interest in adjusting arbitration rules for MMPA claims.

Practical impact

If enacted, parties cannot rely on standard arbitration clauses embedded in general contracts to compel arbitration of MMPA claims; they must execute a separate written arbitration agreement specifically for such claims.

This could reduce the use of arbitration for MMPA disputes, potentially increasing access to court or requiring separate negotiation of arbitration terms for relevant cases.

Businesses should review existing MMPA-related contracts to determine whether arbitration provisions would still be enforceable under a separate written agreement standard.

Summary

HB 2829 proposes a clear tightening of arbitration for Missouri’s MMPA claims by requiring a separate written agreement signed by both parties to authorize arbitration. It aims to ensure mutual, explicit consent for arbitration in MMPA disputes, potentially affecting how such claims are resolved and necessitating changes to contract drafting and dispute resolution practices if the bill becomes law.