Were they banned from installing through FreeShop, or were they banned from playing a new game online that they installed from FreeShop, that wasn't released, essentially revealing their piracy to Nintendo?
Most common ban before 11.8 was save editing and playing game online before street date. There are ban for people on 11.7 for random reasons, there was some thread about someone being ban using pokebank. 11.8 has ban focus on tickets list being sent to nintendo.