August 12, 2003

IMPORTANT MESSAGE FROM MDI REGARDING NEW FAX BAN LAW

The FCC has just passed a new regulation that will ban all faxes sent to a recipient without first obtaining that recipient’s express, written permission—including those companies or individuals with whom you have an existing business relationship.

This is not a regulation that is under consideration. It has been passed as part of the Telephone Consumer Protection Act, and it goes into effect August 25, 2003.

The law states that:
• All organizations and individuals, whether for profit or non-profit, must obtain individual signed consent forms, including the specific fax number to which the faxes will be sent.

• The new ruling applies to any “unsolicited advertisement,” defined as “any material advertising availability or quality of any property, goods or services which is transmitted to any person without that person’s prior express invitation or permission.”

• Failure to comply can result in potential FCC enforcement, state enforcement, and a possible lawsuit for up to $1,500 per fax recipient.

The FCC discussion of the new rules appears at:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-153A1.pdf

Make sure you read pages 110 through 121.

You will want to obtain permission from your customers and prospects in order to be able to send them faxes. To help you, we have created an example of a permission form.

We also would appreciate your permission to send faxes to you; this is often the most expedient way to alert you to relevant issues such as this one. As you may know, MDI maintains information about the medical products industry. It is important that we are able to let influential businesses in the industry, like yours, know about the information available to them as well as industry trends. We work closely with numerous industry trade associations and would like to keep you informed of industry news. We have attached a fax consent form (see link below) for the purpose of you giving us permission to fax information from MDI to your company. Please fill it out and fax it to 215-942-8729.

Best regards,

Karen DiTomasso
President