On October 29, 2007 it was announced that the band had signed to independent label Epitaph Records. In addition, it was mentioned that the band were in the studio with producer John Feldmann, aiming to release their next album in spring 2008. Commenting on signing with Epitaph Records, lead singer Dan Marsala said "Making this record felt like starting over. We're like a brand new band. You can hear it in these songs, we're excited again. I think we've really stepped it up on this record." Guitarist Ryan Phillips adds, "Epitaph seemed like the perfect place for us at this time in our career. It's a much more creative environment."  The album was produced by Michael "Elvis" Baskette who has also produced albums by Chevelle, Escape the Fate, and A Change of Pace.
"Wake Up" impacted radio on February 19, 2008. On March 31, a music video for "Wake Up" premiered on MTV2. In early April, the band appeared at the Bamboozle Left festival.The Black Swan was released on April 22. Between June and August, the band performed on the 2008 edition of Warped Tour. "Message to the World" impacted radio on July 1.
Critical reception for The album was generally positive, and the album did fairly well commercially. It debuted on the UK rock charts at number 6  and at number 18 on the US Billboard 200 chart, selling about 21,000 copies in its first week.