They have been down basically the entire day. Are they going to face some action? I'm unclear who even punishes them for potentially causing millions of dollar losses for customers.
I imagine the rules are similar - you must be able to have your clients trade during normal market hours. The regulators understand there can be unexpected events that put systems down unexpectedly (high volume, bug that crashes the system, etc.) and are generally pretty understanding. But I think something like this where they are down the whole day (and STILL down from the looks of their status page, though they claim to have identified the issue), could easily earn them a fine from the regulators for not meeting the license/charter requirements.