They can do a one time waiver of it I have had it happen to a friend of mine, but you can also get it frozen for non-economical buys, if someone paints the ask to many times they will freeze it also. I know this from first hand experience. Most day traders are going to boutique brokerages that have alot more relaxed rules and enforcement of those rules. TD Amerotrade E Trade and scott trade are 3 that are gradually moving away from Pink and OTC securities by restricting trade of such securities