Its not that simple...
The reason the FTC didn't go full bore and even consider criminal prosecutions is that Sears is a legitimate company. Behind Wal*Mart, its one of the largest retailers.
The FTC would have had to shown that individual(s) knowingly violated the law. With respect to Sears, they may have crossed the line, however it would be very expensive and difficult to prove that certain individuals knowingly broke the law.
Sears used their lawyers to write the agreement such that it *disclosed* what it was doing, however deceptive their tactics were. The whole mess could not really be attributed to a single individual's decision or actions.
I'm not defending Sears however just pointing out that any attempt to actually file criminal charges would have been a waste of time.
All we can do is create better consumer protection laws and impose stronger penalties.
Also on a side note... Sears has been putting out a lot of job notices for senior IT executives. Things under K-Sears' management isn't so great and I'm sure those individuals who were responsible are pretty much out of a job.
Thumbs up because you know that no other major retailer will be stupid enough to try this stunt and it will hopefully put Comscore out of business.