Case file: SM Energy Company
Every government filing on this incident, the dates as stated, and the days to notice against each state's statute. Built from the records on Nov 9, 2026, agency link on every row. Not legal advice.
The incident
- Breach window
- May 15, 2026 to May 19, 2026
- Discovered
- Jun 30, 2026, as stated in the California letter
- State and federal records
- 5 filings, Jul 30, 2026 to Jul 31, 2026
- Residents counted
- 3,931 in 3 states (VT, MA, TX), latest filing per state
- Everyone affected
- 40,109, as reported to Texas AG on Jul 31, 2026
- Information exposed
- Social Security number, Postal address, Email address, Tax ID / EIN / ITIN, Phone number
- Offered to those affected
- 24 months of credit or identity monitoring through Experian
- Third party named
- Yes, the letter attributes the incident to a vendor or service provider
- Days to notice
- Within the statutory period in all 4 states that set one, counted from discovery to each state's first record
The letter: "Based on our investigation, we determined on June 30, 2026, that an unauthorized third party accessed certain SM Energy systems and obtained files containing certain of your personal information."
Filings
| Agency | Record date | People | In total | Days to notice | Links |
|---|---|---|---|---|---|
| Vermont Vermont AG | Jul 31, 2026 | 9 | 31 days, statute 45 days | Record | |
| Massachusetts Massachusetts OCABR | Jul 31, 2026 | 71 | 31 days, statute no fixed period | Record | |
| Texas Texas AG | Jul 31, 2026 | 3,851 | 40,109 | 31 days, statute 60 days | Record |
| Oregon Oregon DOJ | Jul 30, 2026 | 40,109 (total) | 30 days, statute 45 days | Record | |
| California California AG | Jul 30, 2026 | Not published | 30 days, statute 30 days | Letter Record |
People is the count the filing gives, residents of the state unless marked total. Days to notice runs from the discovery date the letter states, or from the end of the breach window when no letter states one, to the date on the state's first record of the incident. "Over" marks a count past the days the state's statute allows for notice to residents. The statute's trigger is a question of fact, the days are arithmetic.
Notice timing, state by state
- 31 days from discovery (Jun 30, 2026) to the Vermont record (Jul 31, 2026). Statute: 45 days from discovery or notification of the breach (9 V.S.A. § 2435).
- 31 days from discovery (Jun 30, 2026) to the Massachusetts record (Jul 31, 2026). Statute: no fixed period from knowledge or reason to know of the breach (Mass. Gen. Laws ch. 93H, § 3).
- 31 days from discovery (Jun 30, 2026) to the Texas record (Jul 31, 2026). Statute: 60 days from determination that the breach occurred (Tex. Bus. & Com. Code § 521.053).
- 30 days from discovery (Jun 30, 2026) to the Oregon record (Jul 30, 2026). Statute: 45 days from discovery or notification of the breach (ORS 646A.604).
- 30 days from discovery (Jun 30, 2026) to the California record (Jul 30, 2026). Statute: 30 days from discovery or notification of the breach (Cal. Civ. Code § 1798.82).
The statutes
- Vermont: 45 days to notify residents from discovery or notification of the breach, 9 V.S.A. § 2435. Attorney General within 14 business days of discovery or of the consumer notice, whichever is sooner, every breach.
- Massachusetts: no fixed period to notify residents from knowledge or reason to know of the breach, Mass. Gen. Laws ch. 93H, § 3. Attorney General and OCABR as soon as practicable and without unreasonable delay, every breach.
- Texas: 60 days to notify residents from determination that the breach occurred, Tex. Bus. & Com. Code § 521.053. Attorney General within 30 days of determination when 250 or more Texas residents are affected.
- Oregon: 45 days to notify residents from discovery or notification of the breach, ORS 646A.604. Attorney General when more than 250 Oregon residents are affected, with the consumer notice.
- California: 30 days to notify residents from discovery or notification of the breach, Cal. Civ. Code § 1798.82. Sample notice to the Attorney General when more than 500 Californians are notified, within 15 days of the consumer notice (effective 2026).
Sources and method
Records as published by Vermont AG, Massachusetts OCABR, Texas AG, Oregon DOJ, California AG. Letter facts (discovery date, monitoring, third party) are read from the consumer letter the agency posted, 1 letter read for this incident, and quoted so you can check them. Texas and HHS publish no letters. First-seen times on each record page. Spot an error? Email support@breachtally.com with this page link.