Miracle-Gro Telemarketing Texts TCPA, FTSA Class Action

The Scotts Company, LLC does business as Miracle-Gro, offering gardening products. The complaint for this class action alleges that the company sends consumers telemarketing text messages, in violation of two laws: the federal Telephone Consumer Protection Act (TCPA) and the state Florida Telephone Solicitation Act (FTSA).

The complaint alleges that Miracle-Gro sends telemarketing text messages, both to individuals who have put their numbers on the National Do Not Call Registry and to those who have not given Miracle-Gro their prior express consent to receive such calls. The complaint further alleges that Miracle-Gro “also engages in telemarketing without the requisite policies and procedures and training required under the TCPA and its implementing regulations.

The plaintiff in this case, Victoria Galanti, began receiving telemarketing text messages from Miracle-Gro on her cell phone, on or around February 2, 2022. A sampling of these began as follows:

• “Miracle-Gro: Phil denied the bribe. While we wait for spring, use code GROUNDHOG for 22% off your purchase…”
• “Miracle-Gro: Daydreaming about warm spring days? Get started planning your garden today…”
• “Miracle-Gro: Want to grow quick and easy seedlings for your garden? Use an AeroGarden Seed Starting System…”

Galanti’s phone number had been on the National Do Not Call Registry for more than thirty days at the time. The complaint alleges that she has never had any type of business relationship with Miracle-Gro and has never made an inquiry to them. It also notes that MiraclGro did not provide any opt-out information in its messages. Furthermore, it claims that Galanti has never given her express written consent to receiving telemarketing messages from Miracle-Gro.

Three classes have been defined for this action:

• The DNC Class is all persons in the US who, between April 11, 2016 and April 11, 2022, (1) Miracle-Gro or anyone acting on Miracle-Gro’s behalf (2) made more than one text message call within any twelve-month period, (3) where the person’s number had been listed on the National Do Not Call Registry for at least thirty days, (4) about Miracle-Gro’s property, goods, and/or services, (5) who did not buy items or did not transact business with Miracle-Gro during the eighteen months before the date of the first message, and (6) who did not contact Miracle-Gro during the three months immediately before the data of the first message asking about a product, good, or service it offered.
• The IDNC Class is all persons in the US who, between April 11, 2016 and the date the class is certified in this action, (1) received two or more text messages in any twelve-month period (2) about Miracle-Gro’s property, goods or services (3) to the person’s residential telephone number.
• The FTSA Class is all persons in Florida who (1) were sent a telephonic sales call about Miracle-Gro’s property goods, and/or services, (2) using the same equipment or type of equipment used to call the plaintiff in this case.

Article Type: Lawsuit
Topic: Privacy
Tags: Called Number on Do Not Call Registry, FTSA, TCPA, Unsolicited Text Messages, Your Privacy