This is likely to be the first of many as the CFPB zones in on the referral practices in real estate. While a company may believe they are protected with disclosures, the reality is that if the employees do not know the law, or their duties under the agreements they are likely to get your company in deep water. Remember, the CFPB does not rely on your agreements or written policy. They ask consumers, employees and mystery shop to ensure that what you have in writing is in fact occurring.
In this case, employees felt pressure to refer to affiliate companies despite the agreements that they didn’t have to. What your company has in writing and the practices your company encourages should be the same.