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The 1% rule was put into effect Oct 1 2003 for US based merchants. The non US based merchant rate was lowered as of Jan 1. Visa has the discretion regarding who they will fine, how they will assess fines and whether or not they choose to terminate instead of fining.
Of course people have been getting fined for things for quite a while now, some IPSPs pass on chargeback costs, whether they are punitive or administrative, since they are assessed either way. Those with their own merchant accounts get fined and don't mention it in most of the cases where it occurs. Mind you I'm not saying everyone gets fined, just that more people have issues with situations than would care to admit.
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