I suppose if they were working with a recruiter, and later ended the relationship, that could cause the problem you describe, but I haven't seen it happen (as a job seeker, a member of many interview panels, and as a hiring manager a couple times).
In theory, the recruiter isn't supposed to send resumes without the job seeker's approval, which means that when they do so, they've probably broken any agreement they have with the hiring company, so the company probably isn't bound by that agreement any longer. Whether you'd be able to convince the hiring company to take the risk of a lawsuit (that they'd presumably win) is another question, of course.
That scenario could easily play out. However, if the employer genuinely has no connection to the candidate (other than having received their CV a couple of times, in different incarnations) then I don't see why they wouldn't pursue the candidate without the recruiter being in the loop.
I've never known recruiter scum to send out a CV without my name, contact details, and references stripped out.
And how can this possibly be enforceable when you haven't given that recruiter any exclusivity?
Imagine this scenario: You get a call from a recruiter. They seem to have an interesting position/client/network so you send over your CV. A couple of months later you are actively looking for a job, so you make a list of cool startups in your area and send your CV and a customized cover letter. They all answer that they got your CV from the recruiter and that they can't afford the recruiter's fee. They can't hire you for 6 months/2 years/indefinitely, depending on the recruiters terms.
Oops.
Maybe I'm exaggerating?