The Court of Appeals held that Wisconsin law does not require Harley-Davidson owners to wait until their engines fail before they can bring claims for fraud or deceptive trade practices. The Court of Appeals held that it was sufficient that plaintiffs alleged that they and class members either would not have purchased the defective motorcycles if Harley-Davidson had not concealed from them and the public the defect, or that they would have paid less for the motorcycles had Harley-Davidson disclosed the alleged defect.
It is estimated that over 100,000 model year 1999 and early-2000 Harley-Davidson motorcycles were sold with the alleged defective TC-88 engine. These motorcycles include the Dyna Glide series (including the FXDX Dyna Super Glide Sport, FXD Dyna Super Glide, FXDL Dyan Low Rider, and FXDS-Conv Dyna Convertible), the FL Touring series (including the FLHT Electra Glide Standard, the FLHTC/FLHTCI Electra Glide Classic, the FLHTCUI Ultra Class Electa Glide, the FLHRCI Road King Classic, and the FLTR/FLTRI Road glide), and the Softtail series models. Plaintiffs allege that Harley-Davidson knew and knows about the defect in the engines, and even sells a $500.00 "fix kit" designed to remedy the problem with the engines.