The issue in that case was (IANAL) nothing to do with the CC licensing but with the fact that the photo was used for a commercial (i.e. marketing/advertising) purpose. Those require a model release form, hence the requirement by microstock sites for model releases.
Virgin Mobile messed up in that they used a photo for a marketing campaign that didn't have a model release form either directly or through an agency that had vetted it.
Editorial use in the US at least doesn't require this even though it's commercial use in the sense that a for-profit entity is using the photo to illustrate a story.
[0] http://fairuse.stanford.edu/case/chang-v-virgin-mobile-creat...
[1] https://www.cnet.com/uk/news/more-commercial-creative-common... (Video autoplay, grr.)
It is not the possibility that I might appear in an ad that concerns me, but rather, that the set of photos that contain me in them, could be used correlate way more information than I would ever consent to releasing voluntarily. I would not even notice that happening.
In contrast, I know that in the EU, architects have copyright on their work, which means you can't photograph the Eiffel Tower at night and share the photo, legally, without consent [2]
As to how you know if your photo is being used commercially...obviously there isn't a push-notification service (yet) that sends an alert to your inbox. You would just have to notice the commercial usage, as what happened when the teenager who was captured in a CC-licensed photo on Flickr found herself in a Virgin Mobile campaign
[0] https://www.cnet.com/news/google-begins-blurring-faces-in-st... (warning, autoplay video)
[1] https://www.youtube.com/watch?v=Vb3IMTJjzfo
http://www.thefrisky.com/2009-07-15/how-sacha-baron-cohen-ke...
[2] http://www.politico.eu/article/banned-taking-pictures-of-the...