[mway]

I mean, yeah. It's still a them problem, because they can choose to engage or not engage in those practices while knowing the consequences. What are you going to do, never penalize companies when it might hurt their bottom line?

Just because they can't pay it doesn't mean there shouldn't be repercussions. That would be like saying that a person can't be fined because they don't have the money. AFAIK the judicial system will happily levy costs on you that you can't afford, and it is 100% a "you problem".