Oh he definitely is, I think he'd be laughed out of any precinct or courthouse if he tries to sue anyone here as "that guy who got caught with his pants down trying stealing toys." (not that I think figures are toys, but you get my drift right?
)
I have my doubts Dave'd want to spend even more of his time and money trying to go through the legal system.
How did he pay for it? Was it through paypal? If the transaction is less than 60 days old upto now, he has to file for a Dispute with them. from my experience, once it's set in motion, Dave's bank will contest the transaction with d0uch3face's bank and will charge back the amount disputed through his card. but do it ASAP. It takes about 180 days til you see your money, but it works.