Miracle-Gro Class Action Claims Company Sends Unlawful Sales Texts To Consumers

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Miracle-Gro Unsolicited Sales Texts Class Action Lawsuit Overview: 

• Who: Victoria Galanti filed a class action lawsuit against The Scotts Company, LLC.
• Why: Galanti claims The Scotts Company, which does business as Miracle-Gro, unlawfully places unsolicited text messages to nonconsenting consumers, including to those with numbers on the National Do-Not-Call Registry. 
• Where: The class action lawsuit was filed in Florida federal court. 

The Scotts Company, which does business as Miracle-Gro, unlawfully places unsolicited text messages to consumers, including to those with numbers on the National Do-Not-Call Registry, a new class action lawsuit alleges.

Plaintiff Victoria Galanti claims Miracle-Gro does not receive the necessary prior express written consent before placing the text messages, which she says it uses to promote its goods and services.

Galanti claims Miracle-Gro’s alleged actions are a violation of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act.

Further, Galanti argues Miracle-Gro “engages in telemarketing without the requisite policies and procedures and training required under the TCPA and its implementing regulations.”

Galanti argues the alleged unsolicited text messages have caused consumers such as herself to suffer from a violation of their privacy, statutory rights, annoyance and nuisance.

Beginning in February, Galanti claims she has received numerous unsolicited text messages from Miracle-Gro meant to sell its products despite her number being on the National Do-Not-Call Registry. 

Miracle-Gro Provides No Way To Opt Out Of Unsolicited Texts, Class Action Claims

Galanti claims that, in addition to sending the unsolicited sales text messages, Miracle-Gro provided her with no option to opt out of receiving future messages as she says is required by the Cellular Telecommunications and Internet Association.  

“Defendant’s failure to provide opt-out instructions to Plaintiff and the Class members is indicative of Defendant’s failure to 1) maintain written policies and procedures regarding its text messaging marketing; (2) provide training to its personnel engaged in telemarketing; and (3) maintain a standalone do-not-call list,” the class action lawsuit states.

Galanti is demanding a jury trial and requesting injunctive and declaratory relief along with an award of statutory damages for herself and all class members.

Galanti wants to represent a nationwide class and Florida subclass of consumers, including those with numbers on the Do-Not-Call Registry, who  eceived unsolicited text messages from Miracle-Gro. 

In 2019, The Scotts Company agreed to pay $85 million to resolve claims its Miracle-Gro company sold wild bird food that was contaminated with pesticides.

Have you received an unsolicited sales text message from Miracle-Gro? Let us know in the comments! 

The plaintiff is represented by Manuel S. Hiraldo of Hiraldo P.A., and Jibrael S. Hindi of The Law Offices of Jibrael S. Hindi. 

The Miracle-Gro Unsolicited Sales Texts Class Action Lawsuit is Galanti v. The Scotts Company, LLC, Case No. 0:22-cv-60708, in the U.S. District Court for the Southern District of Florida.

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