Penalties are not permanent. They will be back by next holiday season. No skin off their backs.
Actually, I give it about a month, at best. JCP will be penalized, the will say they have cleaned up their site, they will somehow get some special treatment, and the site will be back in a month or so, maybe less.
There are plenty examples of how big brands have screwed up organic search, gotten penalized, supposedly cleaned up their act, and then (rather quickly) got back into the organic search results sans the penalty.
The problem I have here is that there appears to be favoritism when it comes to organic ranking penalties and recovering from them. Big, larger brands tend to recover from penalties a lot quicker than the average small business site.