WASHINGTON (AP) - A political polling firm lost a Supreme Court challenge Tuesday to a North Dakota law that bars telemarketers from making prerecorded interstate calls to the state's residents.

The North Dakota do-not-call law says callers cannot use "robo-call" machines unless a live operator first obtains the subscriber's consent before a prerecorded message is delivered.

The Virginia-based political polling firm, FreeEats.com, argued that the North Dakota law is pre-empted by the federal Telephone Consumer Protection Act which allows prerecorded non-commercial calls. Justices declined to review a state Supreme Court ruling upholding the law.

North Dakota's Supreme Court in April affirmed a $20,000 penalty against the company for making political survey calls to thousands of North Dakotans in August 2004.

"North Dakota's do-not-call law has now survived court challenges at every level," Attorney General Wayne Stenehjem said in a statement. "Telemarketers should finally get the message that North Dakota may, and will, aggressively enforce its do-not-call law."

Stenehjem said the state will now seek an award of attorney fees and costs relating to the appeals.

"The time and effort spent by my office in fighting the appeals through the North Dakota Supreme Court and the United States Supreme Court is considerable," Stenehjem said.

FreeEats.com used a prerecorded voice to ask questions about gun rights, abortion and tuition tax credits for attending private schools. Recipients were asked to respond by pushing buttons on their touch-tone phones.

The case is FreeEats.com v. North Dakota, 06-127.