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Hacked characters online

How am I already running into static when he hasnt even been released yet? Well I know the answer to it, obviously its a hack but the better question is are these guys getting banned when they play online? If not well why? they have to go through your servers I would assume to play online no? I honestly dont care if they wanna use hacks offline but I shouldnt have to be matched up against characters I cant even get yet.