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I tried their appeal ban page and got the following email.
Trainer,
We have received your appeal. Our goal is to provide a fair, fun and legitimate game experience for everyone. Use of any other third-party software or app, including but not limited to scripts/apps, applications used to falsify your location, using emulators, modified or unofficial software and/or accessing Pokémon GO clients or backends in an unauthorized manner is considered cheating.
Please consider your account permanently terminated unless we reply back to your appeal.
I have "failed to get game data" problem, but when I create an account with the same name,
it is simply not created "that name already exists" so it does not seem to have been a ban
Correct , my account that i cant logon to , i tried with another account to take the name , it said not avilable , so its not deleted, ATM.. we dont know everything until Niantic says something , if they ever will.. becuse some legit players have this problem to, so its kinda ''?''