The UI displaying the SW price for two checked bags next to the Delta price for zero checked bags is the issue. it's like comparing "the cheapest Mac laptop vs the cheapest windows laptop" vs "the cheapest Mac laptop vs equivalently spec'd windows laptop", and not trusting consumers or the price comparison UI to know the difference.

If I look up a price for Delta compared against a price for Southwest and the Delta price is cheaper, that is a "representation".

If I go to Delta to buy the ticket, but cannot actually purchase the ticket for the price quoted (which was the problem), then there has been a misrepresentation of the actual cost of a Delta ticket.

Compounding that, if the actual price I pay for a Delta ticket is more than the comparison price for a Southwest ticket that would have allowed me to get the same fare, then the comparison is a misrepresentation. The comparison is no longer apples to apples. That's not a problem with Southwest having an issue with pricing model, that's a problem with the comparison sites not being forced to show comparisons between like products. That comparison, between unlike products, is a misrepresentation, if a reasonable person could believe that they were looking at a comparison of like products.

I'm not going to belabor the point further; the law was changed for exactly this type of nonsense. It's a misrepresentation.