I don't know what the term for this is, but it's a common issue with trying to get people to stop doing something, if you make it a fiscal penalty, they're almost always more likely to do it because now you've made it OK as long as the penalty is paid. Best example I can come up with is child card services and care takers arriving late for pickup.
I've seen studies that show adding a monetary penalty, even per minute at pretty high rates, results in even later pickups because there's no guilt for being late, as long as their following the rules (pay money) vs just being late, where there's some amount of guilt for not honoring the agreed upon rules.
I'm guessing this has to be a similar situation. These companies can now comfortably play within the rules by just paying money. Until that amount of money is greater than any ongoing costs plus initial risks, I think we'll see companies just "paying the tax".
That seems like a pretty solvable problem - even for daycares. First time you’re late, 5$, second time 20$, n + 1 time = (n+1)*10. The incentive is not to make a habit of it at the very least because the costs will add up.
I've seen studies that show adding a monetary penalty, even per minute at pretty high rates, results in even later pickups because there's no guilt for being late, as long as their following the rules (pay money) vs just being late, where there's some amount of guilt for not honoring the agreed upon rules.
I'm guessing this has to be a similar situation. These companies can now comfortably play within the rules by just paying money. Until that amount of money is greater than any ongoing costs plus initial risks, I think we'll see companies just "paying the tax".