The only way that happened would be if EA bought out the VC football team and released a second NFL game themselves. Its unnecessary competition for Madden though so its highly unlikely.
As for the likeness issue, EA has done the exact same thing in the past. Their old hockey games never had the NHLPA licence and yet the center for the Detroit Red Wings was a right handed #19 who was one of the best players in the league. As long as you don't use their name and face, you are good to go. There was a recent "likeness" lawsuit against a fantasy sight that was dismissed which would only help 2K.