Bans aren't always immediate. I know some users who have nsps installed and not banned.I used Haku33 and it wiped off everything and formatted it to factory settings if it was dirty I would have been banned. I tested e-shop and everything was accessible (keep in mind I never once connected my Switch to wifi offically I always used a 90NDS)
it worked for me I can't guarantee it will work for others.
But you hit on the main point in that it's heavily YMMV.