sticking throttle-bad ECM

Slem

Hey fellas! Newbie here. Wanna see if anyone has heard of this problem. Bought a 2010 370 in Feb. Wife's car but she started complaining about the throttle sticking. Yea, I know. Totally fly by wire stuff. I checked it out and experienced the same problem. If the car has sat overnight and it is cold outside the throttle will actually stick when driving. Doesn't matter if S-mode is on or off. The tach will run up to 4K RPM and stick there or try to run faster. If you stomp on the throttle it'll kick back down to idle or whatever speed it should be at. If you have ever driven a car with a gummed up carb that's exactly how it acts. Just like the carb linkage is bound up or sticking and punching the throttle releases it. It took me about a week of going to the dealer every day to get the car to recreate the prob with a tech. They thought I was nuts at first. Said "yea, whatever! Only Yotas do that our cars don't!" That is until I took the top service guy for a ride and it did it. Put both feet close to the seat took both hands off the controls, left it in 3rd gear and the thing accelerated to 4k RPM with S-mode on. It would've went past 4K if I had let it. Tech was freaking out. Stopped, took it out of S-mode and the thing drove itself again. I can clutch, shift up and the gas/speed/acceleration will just keep goin up. So they declared my car unsafe to drive and impounded it at the nissan dealer. According to the engineers my car is the first to do that. On record anyway. Diagnosed it with a bad ECM but the wait for the module is pretty lengthy. Asked them to take one from a car on the lot and put it in my car. They were gonna do that until the nissan engineers told them it wouldn't work because the ECM "marries" itself to the rest of the car.

Has anyone heard about any of this stuff?

Appreciate any info.