Escape The Fate's early success on local radio quickly massed a sizable fan base. In October 2005, they won a local radio contest judged by My Chemical Romance, who awarded the band an opportunity to open for its headlining tour with Alkaline Trio and Reggie and the Full Effect.
The band signed to Epitaph Records. Their debut five-song EP, There's No Sympathy for the Dead, was released in early 2006. Tour dates through the summer followed, including several dates on the Warped Tour, and the band subsequently dropped off a tour with Bullet for My Valentine and Eighteen Visions due to personal problems. Their first full length record Dying Is Your Latest Fashion was released on September 26, 2006 soon after signing with Epitaph Records.
Guitarist Omar Espinoza left the band during the Black On Black tour in late 2007. He stated in his MySpace blog that he left the band for good and that his leaving was on good terms, and he is still friends with the members of Escape the Fate. He said that he would continue to support the members no matter what, and that he still believed Escape the Fate was a great band.