I'm not sure what you mean? Netflix got sued for not following the ADA over that exact issue, and it looks like they came into compliance years ago after settling and landing on a captioning framework with the National Association for the Deaf.
I regularly find stuff on Netflix that is only subtitled in a language not spoken in the movie. It's very frustrating. Combined with Netflix's increasingly shitty catalog and I'm sure I should cancel.
http://www.cnn.com/2012/10/11/tech/web/netflix-subtitles-set...