Legally I would think being defined as a 'Consumer' depends on the Plaintiffs:  Mainly, are they registered as a corp or other commercial entity? Is the cost of the miner(s) expensable to that entity? If not then they are for personal use and fall under the Consumer Protection laws.

Just because miners generate income is irrelevant. If you install solar/wind/hydro/whatever alternative energy to your home and 'sell back' any excess to the power company that gear is also generating income. And, said equipment is considered non-commercial ergo - personal and falling under CPL.