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Ps sell vehicles manufactured by D. Ps claim that D unlawfully altered its marketing program. Ps authorized D's collection of a one percent charge because D redistributed the money to regional dealer marketing groups (DMGs) for use in local advertising campaigns. D began to retain the monies announcing that it would now spend this money on national advertising. Ps sought disgorgement of illegal benefits that D has derived from its marketing program, treble damages for conversion, and attorney fees. Ps moved for certification of a class defined as all D dealers located in Indiana.

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