They can do it because they are never held to account or made to face any consequences, indeed any mechanisms that could be used to do this no longer seem to be working.
You only need to look at what's happened - or rather what's not happened - since the FWS judgement was handed down, or the judgement that said NCHI shouldn't be a thing, but they're still doing it.
No one seems to care, and it seems to be almost impossible to make them.