> Would CFAA still apply here if EFF wins this case?

I hope not! What you described here is a great example of why EFF should win this case. Violating ToS is not and _should not_ be cause for civil or criminal action. If you don't want this user on your service, then remove them. If they continually violate your ToS and it results in damages or losses, then perhaps you have a more reasonable civil case than one invoking CFAA, but IANAL.